Segnosaur
Penultimate Amazing
A few issues here...Why didn't NY charge Trump with criminal fraud? Why just a civil case? I dont get it.
The civil charges were brought by the NY Attorney General Leticia James. In general, the Attorney General focuses on civil charges; it is the job of the District attorney to bring criminal charges.
Over a year ago, the district attorney at the time (Cy Vance) had a legal team looking into criminal charges (and it was thought that criminal charges were imminent). However, his term ended and the new DA Alvin Bragg decided not to file charges at the time. (It caused a lot of controversy, with members of his legal team resigning because they thought there was more than enough evidence to convict.) However, the door has not shut on the possibility of criminal charges in the future. My hope is that seeing Trump lose the civil case will give Bragg enough backbone to finally file criminal charges.
So why wouldn't Bragg file criminal charges when it seemed so easy to find him liable in a civil trial? There are a couple of reasons:
- In a criminal case you need a unanimous decision, "beyond a reasonable doubt". In a civil case you don't need all jurors to agree, and the standard is "a preponderance of evidence". This makes it harder to get a criminal conviction, something a DA might worry about
- In a criminal trial, you have to deal with evidence in a different way, tying to a particular person, dealing with "Mens Rea" (i.e. "criminal mind"), and the evidence might just not be there to get a conviction criminally even if the evidence supports civil charges
Or it could also simply be a case of personality... some prosecutors may simply be more willing to be aggressive when going after criminals.