(begin snip).
Bragg got a lot as well from the deal — and potentially a lot more than is visible now. At the most basic level, Bragg avoided the risk of trial and got a conviction on every single count of the indictment, with Weisselberg agreeing under oath to the veracity of all the allegations in the indictment against him and the Trump entities. And while a 5-month prison term even in Rikers Island is entirely unfair when compared to sentences handed out to non-economic crimes and non-white collar criminals, that inequity is pervasive in the courts, both state and federal, in sentencing rich, white executives (I personally saw it at play repeatedly in the Enron prosecutions). Here the state judge was reported to have signaled that he was going to follow this standard practice. But Bragg guaranteed that the 5-month term would be available to Weisselberg only if he was truthful in the upcoming trial and repaid all the money he owed as a result of the scheme. To make sure Weisselberg fulfilled these obligations before he got the benefit of the 5-month deal, Bragg made sure that sentencing be after the trial.
Bragg also greatly augmented the proof against the Trump entities in the upcoming trial.
Under the state’s accessorial liability law, Weisselberg’s actions and intent as a “high managerial” employee are imputed to the Trump entities, unless the companies in essence can prove that Weisselberg lied in his plea and is not guilty – a steep hill to climb given the extensive proof in the case. But the defense runs a risk going down that path: it might win the battle but lose the war. If it establishes Weisselberg lied at the plea or at trial, it may help the Trump entities on trial, but then the judge could very well throw the book at Weisselberg at sentencing (which the court pointedly noted it could do if Weisselberg breaches any of the plea conditions) and he thereafter could easily flip on Trump. Thus, in spite of what appears to be bravado by the Trump organizations claiming on the day Weisselberg pleaded that they did nothing wrong, it is by no means clear they will go to trial, nor risk the damning daily drip of Trump-related financial shenanigans in the press just weeks before the midterms. In short, they too may decide to plead guilty.
On closer inspection, Bragg got even more from last week’s plea. Assuming Weisselberg is asked about Trump at the trial (a fair assumption since, among other reasons, the former president’s conduct can result in criminal liability for the Trump entities), it would be exceedingly difficult for Weisselberg to avoid implicating Trump. He would have to contend credibly that although Trump was a beneficiary of the tax scheme, and signed some of the pertinent checks, at no point during the 15-year scheme was Trump aware of any of the off-book executive compensation and that his companies and executives were not paying the necessary taxes on that compensation. In a small outfit like the Trump Organization, and with Trump’s penchant for micro-managing, that seems far-fetched. And as Weisselberg is represented by competent and ethical counsel, the DA can be assured they will strongly advise Weisselberg that he risks spending the remainder of his life in jail if he lies at the trial. That jail time will commence, by agreement of the parties, upon the conclusion of the October trial.
In addition to potentially gaining whatever evidence Weisselberg may provide about the former president at the upcoming trial, Bragg may well have something else up his sleeve to induce Weisselberg and others to cooperate fully, namely a whole new set of charges against Trump executives, including Weisselberg.
(end snip, much more at link below.)
https://www.justsecurity.org/82833/the-curious-case-of-alvin-bragg-reconsidering-the-das-trump-investigation/
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