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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]David Pecker and Michael Cohen were allowed to testify that the NDA was an illegal campaign expense.  But Bradley Smith is not allowed to testify that they are wrong.
The jury is hearing legal opinion of David Pecker and Michael Cohen with regards to campaign finance law but not an FEC commissioner.[/quote]

Maybe it’s just time for you to stop opining on trials.  You have no idea what you’re talking about. [/quote]

Whether or not an expense is a campaign expense is a question of fact for which expert testimony is expressly permitted.  For example, accountants testify in in cases all the time.  Accounting expert witnesses practice in a variety of fields, including forensic accounting, tax law, financial analysis, auditing, and business valuation. Some of the most common specialties among accounting expert witnesses also include fraud examination, bankruptcy consulting, economic damage calculations, money laundering investigations, and corporate governance. They can opine on the effects of financial misrepresentation, tax evasion, embezzlement, breach of contract damages, and fraudulent financial reporting.

Additionally, expert witnesses can opine on ultimate issues of fact.  For example, Fed.R.Evid 704 allows the expert to testify as to the ultimate issue of fact; with the narrow exception that experts at a criminal trial may not testify as to whether a defendant had the requisite mental state to commit the charged offense.  Same thing in New York courts (Rule 7.01).

Neither Pecker nor Cohen are experts.[/quote]

So you decided to keep proving to us that you have no idea what you’re talking about.[/quote]

Such a witty and learned retort.  Did you take the NY bar exam?  Have you tried any cases?  Called experts to testify at trial?[/quote]

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