and this is where it goes wrong and has been appealed
The Felony Charges The charges were elevated from misdemeanors to felonies because prosecutors argued that the falsification of business records was done with the intent to commit or conceal another crime4. Specifically:
The falsified records were allegedly used to hide payments made to Daniels to keep her quiet about an alleged affair with Trump.
Prosecutors claimed this was done to unlawfully influence the 2016 presidential election.
The scheme allegedly involved violating campaign finance laws and tax fraud10.
the feds examined these allegations and declined to prosecute --I believe the judge refused to allow this fact to be presented to the jury