There’s going to be a lot said about this over the, well, next few years, because Comrade Bragg wants the trial in January 2024, right in the middle of the primaries
I have a feeling they're trying to jam up the system for 2 years of legal rangling, hoping that keeps Trump from being the candidate
— William Teach2 ??????? #refuseresist (@WTeach2) April 4, 2023
What’s the underlying crime that allowed Bragg to elevate this to a felony? No one knows. Bragg won’t say, so, there should be some interesting motions in the next few weeks
Bragg’s Trump Indictment Folly
A long-standing progressive fantasy was fulfilled Tuesday afternoon when Donald Trump was arraigned on criminal charges in Manhattan.
The spectacle of a former president driving in a motorcade to the courthouse and sitting at a defense table surrounded by his attorneys will long be remembered as a symbol of the poisonous politics of the Trump era.
It’d be one thing if there were a clear felony violation that is consistently prosecuted, but the unsealed indictment is as weak as advertised. (snip)
Hush payments aren’t illegal. But the reimbursements from the Trump Organization to Trump fixer Michael Cohen were logged as legal expenses. This was misleading and is potentially a misdemeanor. Prosecuting Trump over misdemeanors would be too ridiculous even for Bragg, who campaigned on nailing Trump and showing leniency to street criminals. It would also run afoul of the fact that the statute of limitations has lapsed on any misdemeanor.
So Bragg needed a way to transform the misdemeanors into felonies, which he can do, in theory, if the false business accounting was in the service of another crime. There’s been a great deal of speculation about what that other crime is, and the much-anticipated indictment . . . doesn’t say.
He states he doesn’t have to say it, but, isn’t it required that the defendant be appraised of what they’re being charged with?
Asked why he didn’t mention the other alleged crime in the indictment at his post-arraignment press conference, Bragg said the law doesn’t require its being specified in the indictment. Even he must know that’s absurd. The purpose of an indictment is to put the accused on notice of what crimes he has committed, and this other “crime” that Trump allegedly concealed by misdemeanor records violations is essential to the case; the indictment fails its most basic function by failing to specify it.
At the press conference he held after his subordinates unsuccessfully sought a gag order against the defense, Bragg cited New York election law (which doesn’t apply to a federal race), a plan to make false statements to tax authorities (he didn’t say whether these alleged misrepresentations were ever actually made), and a violation of federal campaign-finance law (although it’s doubtful the payments constitute campaign expenses). If Bragg had evidence that Trump committed state tax or election-law crimes, he wouldn’t hesitate to charge them. And if he really thought he had jurisdiction to enforce federal laws, he’d have proudly cited campaign-finance offenses as the crimes Trump was supposedly concealing.
There should be a motion to dismiss over this very lax charging statement, which fails to lay out why this can be a felony when the statute of limitations ended for minor misdemeanors, and Bragg has no authority over what would be federal charges, which Los Federales all passed on. There are so many holes and issues, that, yeah, I think this is all about jamming up Trump to make sure he either cannot win the primary, or, baring that, can’t win the general, and then Bragg would just drop the case.
And, ignore that this is Trump for a moment: this is a political witch hunt and a perversion of the US justice system.
Read: The Charges Against Trump Are Even Weaker Than You Thought »