That just gets you back to the temporal problem we started with. As you say, the only "unambiguous bit" from the jury's implicit fact-finding "is that he definitely falsified business records." But he did that after he won the election. How can you influence an election through unlawful conduct that happened after the election was resolved?

Insofar as the case was framed as election manipulation, you need some conduct prior to the election. Which is why, as you observe, the prosecutor had to add a third layer of uncharged alleged crimes:

> Basically, the crime alleged was violating a NY election law saying that you can't try to influence an election through "unlawful means". They provided a sampling of said unlawful means... The jurors didn't have to unanimously agree about which of those things they think he actually did.

Putting aside that each of the predicate crimes is deeply flawed (e.g. federal prosecutors investigated and declined to bring the campaign finance charge), you can't rest your triple-layer cake felony theory on a base of uncharged predicate crimes and tell the jury they don't have to agree as to the predicate crimes: https://www.justsecurity.org/96654/trump-unanimous-verdict. This is exactly the sort of thing judges are supposed to keep from being submitted to the jury.

It's personally embarrassing that lawyers at my former firm helped architect this travesty. If this harebrained legal theory had been used to convict a sex trafficker or murderer, lawyers at that firm would be falling over themselves to represent the defendant on appeal pro bono.