The indictment of Donald Trump by Manhattan DA Bragg leaves America with this legal puzzle

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Finally, Manhattan District Attorney Alvin Bragg made history. I have accused the former President Donald Trump As part of the investigation, possibly for silent payments. We are all waiting to See the text of the indictment to confirm the basis for this unprecedented act. But history in this case – and in this country – is not on Prague’s side.

The only crime discussed in this case is an unprecedented attempt to revive the misdemeanor of forging commercial documents that expired years ago. If that is still the basis for Thursday’s indictment, Bragg could not have laid down a weaker basis for impeaching a former president. If the reports are accurate, he could attempt to “turn” the misdemeanor into a felony (and a longer statute of limitations) by claiming to have attempted to evade federal election charges.

While Trump will be the first former president to be indicted, he will not be the last if that is the standard for a trial.

It’s still hard to believe Primarily Bragg will continue Based on that. No other crimes have been discussed in months, but we’ll have to wait to read the indictment to confirm the reasons.

Referred to Trump after the investigation in Manhattan DA to make payments of funds

What we do know is the checkered history that led up to this moment.

the Department of Justice She herself declined to file a federal election lawsuit against Trump. There was a good reason for refusal.

The Department of Justice has gone this route before and it hasn’t gone very well. Tried former Democratic presidential candidate John Edwards on stronger grounds (which she also criticized) and failed. In this case, campaign officials and donors were directly involved in covering up a case that bore a child.

At the time, Edwards’ wife was suffering from cancer. The Public Prosecution Office is still collapsing. The reason is that you need to show the sole purpose of paying hush money in such a scam. For any married man, let alone a celebrity, there are various reasons for burying a sex scandal.

As for Trump, there was an election coming up, but he was also married to a man who was allegedly having an affair with a porn star. He was also a celebrity subject to the standard “morality” requirement resulting from criminal behavior or behavior causing “public offense, scandal or embarrassment”. These clauses were written extensively to protect news organizations and their “brand”.

Trump’s unprecedented index personified as ‘legally satisfactory’

Different Bosses by Warren Harding Bill Clinton They were involved in efforts to cover up the affairs. They also have various reasons for burying such scandals, including politics. However, scandals are messy affairs with a complex set of motives. To show that Trump only acted with future elections in mind — rather than his current marriage or television contracts — is preposterous. This was likely the same account conducted by the Department of Justice.

This is also why using the “bootstrapping” theory as a primary charge would be an indictment of the prosecution and its conduct. The office has already been hurt by the behavior of prosecutors who have pushed this theory.

When Bragg initially dismissed this theory and halted the investigation, two of the plaintiffs, Carrie R. Dunn and Mark F. Pomerantz, resigned. Manhattan office d. Then Pomerantz did something some of us would consider unprofessional and inappropriate. He published a book about the case against Trump – the one who was still under investigation and had never been charged, let alone convicted, of any crime.

it worked. Bragg ran on his pledge to carry Trump and Pomerantis strengthened the political base to demand an indictment of a crime. It doesn’t really matter what that crime could be.

While other crimes haven’t been discussed in leaks or coverage for months, it’s always possible Prague accused Trump On something other than the mixed state/federal case in the indictment. There may be commercial fees or other taxes associated with banks or taxes. Ironically, bank and tax fraud cases were also the focus of the Department of Justice, which was again never charged with these theories. Moreover, Bragg may face the same statute of limitations concerns over some cases previously investigated by the DOJ.

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Finally, Bragg can stack multiple allegations of fraud to condense the indictment. There are reports of 34 accusations of falsifying business records. But multiplying a flawed theory 34 times does not make it 34 times stronger. Serial redundancy is not a substitute for applicable criminal charges.

Bragg could have something more than a lean takeoff theory – and it would be more defensible. Conversely, if Bragg moves primarily on this theory, Democrats advocate a race to the bottom in political pursuits. This is something we have largely managed to avoid in this country.

Prague had a choice. He cannot be a defender of the rule of law if he uses the legal process for political purposes. This is what would be implicated in a formal accusation based largely on boot theory. A basic misdemeanor can pale in comparison to the means used to prosecute it.

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We have already seen the former Prague prosecutor’s improper offer to publish a book and publicly call for charges to be brought during the ongoing investigation. Going by just bootstrap theory would be a uniquely repulsive moment for Manhattan District Attorney.

What is clear is that whoever exits that gate next week, it will not be just Trump who will face the verdict of history.

Click here to read more from Jonathan Turley

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