It is not true that "federal law is being applied to crimes."
" ... the indictment alleges that Trump:
- Caused false entries to be made in the books and records of the Trump Organization in order to conceal the existence of hush money payments made to Stormy Daniels and Karen McDougal, two women who claimed to have had affairs with Trump.
- Caused false entries to be made in the books and records of the Trump Organization in order to conceal the fact that Trump had inflated the value of his assets for insurance and tax purposes.
- Caused false entries to be made in the books and records of the Trump Organization in order to conceal the fact that Trump had received millions of dollars in loans from Deutsche Bank that he could not have repaid without violating lending covenants.
"... The election law that made the charges against Trump felonies is New York Election Law § 14-100(a), which states that: 'A person who conspires to promote a candidacy by unlawful means is guilty of a felony.'” (Google Bard)
Note that § 14-100(a) is a New York STATE law, as are all other laws under which Trump was charged.
In on sense, Trump already had his day
Per Google Bard:
"... The statute of limitations for felony election fraud in New York is five years. The hush money payments were made in 2016, so the statute of limitations would have expired in 2021. However, the New York State Legislature passed a law in 2021 that extended the statute of limitations for certain election crimes, including felony election fraud. This law was passed specifically to allow the Manhattan District Attorney's Office to bring charges against Trump.
"The statute of limitations for felony election fraud in New York is now 10 years. This means that the Manhattan District Attorney's Office could have brought charges against Trump up until 2026. However, the indictment was filed in 2023, so the statute of limitations does not apply in this case.
"Trump's attorneys have argued that the statute of limitations is unconstitutional, because it violates the right to due process of law. They have also argued that the statute is retroactive, and therefore applies to conduct that occurred before the law was passed.
"The court has not yet ruled on these legal issues. It is not clear how the court will rule."
Trump's argument that the statute of limitations should apply in this case has been formally and properly made to the court.
A ruling on that question is pending. I am not a lawyer, but it seems to me fundamentally wrong to change laws and apply them retroactively. That opens the door to all kinds of abuse and unfair acts.
For example, say labor law required overtime to be paid to everyone who works more than 40 hours a week, but that law was changed to revoke the overtime requirement, and the effective date was retroactively applied to begin five years ago. That would allow employers to to claw back the overtime they paid employees for the hours they worked then in good faith, believing they would be paid overtime for that work.
Or say a new law was passed that required all CDL drivers to be on duty driving no more than eight hours a day, and that the fine for driving over that amount is $10 an hour for every hour over eight, and the effective date of that law was retroactively set to begin five years ago. Under that law, logs could be reviewed and drivers could be fined vast sums for doing what was legal then but is illegal now.
Abortion laws are changing in some states these days to outlaw abortions beyond a certain date after pregnancy. If it was allowed to retroactively apply these laws, these states would be allowed to punish women who had abortions before the new law went into effect. And I would not put it past many Republican state legislators to do just that if they thought they could.
Carrying this to the extreme, consider illegal immigrants. The law today provides certain punishments for illegal entry into the US. But if retroactive application of law was allowed, the strident anti-immigration people could work to pass a law that provides the death penalty for illegal entry, with an effective date of five years prior. This would allow lawmakers to solve the immigration problem (as they see it) by killing the illegal immigrants who have been for years stealing jobs from the "real Americans" they think should have them.
Allowing laws to be changed and retroactively applied allows the lawmakers to instantly transform vast classes of innocent people, or a targeted class of one person, into criminals and unfairly place them in legal peril. It creates an abuse of power