Legal Minds Weigh In On Trump Indictment

Legal Minds Weigh In On Trump Indictment

Legal Minds Weigh In On Trump Indictment

Today is the day that leftist have been praying for since at least 2016. Donald Trump is going to surrender to the Manhattan court and be charged. Who cares what he will be charged with, the left cries!

Well, the left may not care (but they’re going to apparently be denied a mugshot and handcuffs) what Donald Trump is charged with, but actual legal minds who care about the law and its application certainly do. Among those are Alan Dershowitz and Jonathan Turley. Neither are Trump fans, though Dershowitz did defend Trump at his first impeachment, and Turley appeared as a witness during that same impeachment process. Now, both men, who are widely acknowledged as legal experts, are saying that Alvin Bragg’s case against Trump is a legal hot mess.

Turley, for his part, has called this case a “Frankenstein indictment.”

Bragg is combining parts from both state and federal codes.”

He is reportedly going to convert a misdemeanor for falsifying financial records into a prosecution of a federal crime.”

The federal crime is reportedly the failure to report a payment of $130,000 to former porn star Stormy Daniels to hush up an affair.”

That was just before the presidential election and Bragg is alleging that it was an effective campaign donation.”

Bragg is attempting something that many lawyers think is as improbable as the reanimation of the dead.”

The Justice Department itself declined this prosecution and both the former chair of the Federal Election Commission and various election law experts have thrown shade on the theory.”

Not only did Bragg’s predecessor, Cyrus Vance, not bring this case, but Bragg himself stopped the prosecution.”

It was after one of Bragg’s lead prosecutors resigned and wrote a book on prosecuting Trump that pressure became too much for the district attorney, who grabbed his shovel and went to work.”

There are serious challenges to this prosecution, including an argument that time has expired under the statute of limitations.”

The limit is two years for a misdemeanor and, even if he can convert this into a felony, it is not clear if he can meet the longer five-year limitation.”

Bragg will have to convince a court that Trump paid the hush money for the sole purpose of the election.”

As a married man and television celebrity, Trump had other reasons to try to avoid a scandal.”

That is precisely why such cases (like one against former Democratic presidential candidate John Edwards) failed in prior prosecutions.”

And Turley has not been shy about sharing his opinion in front of larger audiences, even as we are currently waiting on what the indictment actually says.

If the charges are as have been assumed up to this point, then Alan Dershowitz is of the legal opinion that Donald Trump could be convicted – but only because someone named Trump cannot get a fair trial in Manhattan.

“Any first-year student could win this case if the name wasn’t Donald Trump and if it wasn’t in Manhattan,” Dershowitz said to Fox News host Sean Hannity of the present indictment. “This case has to get out of Manhattan. Will it get out of Manhattan? We don’t know.”

“Would you attempt to get a change of venue?” Hannity asked.”

“Of course,” Dershowitz replied. “I would try to move it to Staten Island or some upstate venue. But could you imagine a judge or a juror coming home to their wife and family and friends and saying, ‘I’m the man, I’m the woman who let Donald Trump off.’ Nobody would ever speak to them again … There’s no possibility he can get a fair trial in Manhattan.”

“He could have indicted him any day over the last seven years,” Dershowitz said of Bragg. “They deliberately violated the statute of limitations because no previous prosecutor would go after him. The very fact that the indictment came down when he was out of state proves that they could have indicted him any time before the indictment came down.”

It is largely assumed that Trump’s legal team will immediately ask for the charges to be dismissed on the basis of the law – that the legal theory that Bragg is allegedly using of “upcharging” a misdemeanor into a Class E felony, by claiming jurisdiction via state law over alleged federal campaign finance violations that the federal government DID NOT prosecute, and that the statute of limitations has expired. If the charges are not dismissed, then the legal team will ask for a change of venue. Will they get it? It remains to be seen. This legal Rube Goldberg machine that Alvin Bragg has put into motion could be pulling off twists and turns well into the future, which will continue to boost Trump’s profile among the base and likely degrade him among independent voters. Which is probably the entire point of this legal exercise.

Everyone brace themselves – this entire show is only getting warmed up.

Featured image via succo on Pixabay, cropped, Pixabay license

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2 Comments
  • American Human says:

    Is this one of those instances of “There’s no such thing as bad press.”?

  • There won’t be a dismissal. There won’t be a change of venue. The “judge” is firmly tied into the Biden family fortunes, via his daughter.

    He’s already calendared the start of the case to December 4th – right as primaries heat up. Bragg wants it even later, in January, which he will probably be granted – barely a month before the first voting.

    This tells me that they ARE scared of the second Trump term (he’s just about certain to win the primaries, even with the distractions). “Doctor” Jill will run the dementia patient again, assuming his heart lasts longer than his brain. Trump will handily beat him this time around, and the fraud machine has many more eyes on it.

    (Biden will be the Democratic candidate, assuming he is still living, or only mostly dead… NO sitting President has ever failed renomination when they saw the process through – it’d be a tacit admission by their party that they screwed up the first time.)

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