Trump is now in big trouble because the new proof could really show that it is a class E felony depicted in the reason.com article below, what was not so favourable of Bragg at the start but with the new evidence things look different.
www.rawstory.com/…
Newly uncovered emails from jailed Trump Organization executive Allen Weisselberg may provide a goldmine of information for prosecutors in Manhattan District Attorney Alvin Bragg's office that could bolster the hush money trial of Donald Trump, which is now in its second week of testimony.
reason.com/...
(….)Trump did that, according to the indictment, through phony invoices, checks, and ledger entries, each of which violated Section 175.05 of the New York Penal Law, which makes falsification of business records "with intent to defraud" a misdemeanor punishable by a maximum fine of $1,000 and/or up to a year in jail.
Under Section 175.10 of the penal code, that offense becomes a Class E felony, punishable by up to four years in prison, when the defendant's "intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof." The indictment, which was unveiled in April 2023, charges Trump with 34 counts under that provision but does not specify "another crime." A month later, Bragg's office suggested four possibilities:
The Federal Election Campaign Act
It is not clear that Trump violated that law, and the Justice Department evidently concluded there was not enough evidence to prosecute him for doing so. Given the fuzziness of the distinction between personal and campaign expenditures, it is plausible that Trump did not think the hush payment was illegal, in which case he did not "knowingly and willfully" violate the statute, as required for a conviction. And if so, it is hard to see how his intent in falsifying business records could have included an intent to conceal a violation of federal campaign finance law.