A seldom-enforced New York state election law has emerged as a focal point in the criminal trial of former President Donald Trump. The law, Section 17-152 of the state's election code, prohibits two or more individuals from conspiring to influence a public office's election through unlawful means, constituting a misdemeanor
While Trump is not directly charged under this statute, prosecutors assert its relevance to his case. They allege that Trump falsified business records to conceal a $130,000 payment to adult film actress Stormy Daniels, intended to silence her allegations of a sexual encounter during the 2016 election. A conviction could lead to a maximum of four years in prison.
To support the falsification charges, prosecutors must establish that Trump did so to facilitate or conceal another offense. They argue that the underlying crime in this instance was a conspiracy to deceive voters during his presidential campaign, as stipulated by Section 17-152.
Critics of the case view it as an effort to link the falsification charges to an election conspiracy, despite the absence of direct charges against Trump for the latter. Prosecutors aim to demonstrate that Trump's falsification of records was part of a broader scheme to improperly influence the 2016 election.
Although Section 17-152 has existed since at least the mid-1970s, it has rarely been prosecuted. Legal experts suggest that most defendants in such cases are typically charged with more serious offenses, and misdemeanor charges are often reduced to violations, resulting in minimal or no jail time.
The utilization of this statute in Trump's case has sparked debate, with some questioning its legal foundation. However, prosecutors defend their approach, arguing that it simplifies the case presentation to jurors without necessitating the proof of an underlying crime.
This case is notable for its legal complexities, being the first trial of a former president and leading to unusual legal circumstances. Despite criticism, legal experts assert that the prosecution's application of Section 17-152 is a legitimate strategy based on the case's facts.