Oops. The NY Times omits an important fact about the Trump indictment.

Not that it's a surprise.

Here we go again. The editors and reporters of the “newspaper of record” failed to mention a key decision in its roundup about the indictment of former President Donald Trump.

The story goes on and on but fails to mention that the Department of Justice and the Federal Election Commission refused to indict Trump for campaign finance illegalities in his alleged payoffs of hush money to a porn star. (Unless I missed it after reading it twice.) That fact is critical because Trump’s indictment reportedly is based on the allegation that he did.

It’s a complicated legal argument, but you have to read about it in the Wall Street Journal or hear about it on FoxNews. Here’s one explanation:

It is doubtful that the prosecutor will argue a state campaign crime because the 2016 presidential election was for federal office. At the same time, Bragg cannot cite a federal campaign violation because a local prosecutor can only charge under state statutes. 

Regardless, the prosecution of Trump is likely barred by the statute of limitations. The misdemeanor is two years, while the felony is five years. Neither can be tolled or paused under a strict reading of New York law. Trump may have been outside of the state’s jurisdiction during much of the past seven years, but his whereabouts were well known, and he maintained his residency in New York while president, visiting it regularly. Hence, it is unlikely that the two statutes of limitations can extend beyond their expiration.

Etc.