Manhattan District Attorney Alvin Bragg is about to find himself in hot water legally.
This is a mess Bragg created for himself.
And now Alvin Bragg just discovered a brutal fact that will land him before a judge.
Liberal commentators and activists in the press spent days breathlessly waiting for Bragg to unseal the charges against Trump in the hopes that Bragg was holding back the critical evidence that would prove Trump is a criminal.
But when Bragg finally made the indictment public it hit like a gut punch to the left.
Bragg indicted Trump on 34 falsifying business records charges that are normally a misdemeanor.
But Bragg boosted them to a felony by claiming Trump falsified records to cover up another crime.
Bragg violated the Constitution by not listing what other crimes he accused Trump of committing, but instead only hinted at them.
NBC legal analyst Dan Cevallos blasted Bragg for trying to claim one of the supposed “crimes” Trump covered up was a federal election law violation in the form of Michael Cohen’s payment to Stormy Daniels representing an illegal contribution to Trump’s 2016 presidential campaign.
Cevallos mocked this rationale noting that as a local district attorney, Bragg has no authority to enforce federal law.
Bragg also tried to argue that Trump violated New York State election law, which is also a misdemeanor.
“New York has a law, falsification of business records, it’s ordinarily a misdemeanor…New York law allows that to become a felony if the false entry was also in furtherance of or to conceal a crime. It doesn’t say what specific crime. And, in fact, it’s pretty vague what kinds of crimes qualify. For a while, a lot of us talked about, well, can they use a federal crime? Because states cannot enforce federal law. Well, what we learned today is that Alvin Bragg instead used a New York law, a New York election law, which is a misdemeanor. Very interesting, because Alvin Bragg used a misdemeanor, added a misdemeanor to it, and got a felony,” Cevallos stated.
Cevallos shot down this theory noting that Bragg seized on a poorly worded statute to try and create a felony out of two misdemeanors, which is not something the law generally allows.
In addition, Cevallos noted that judges tend to throw out statutes that are vague because they do not lay out clear limiting principles on the power of the state to take away citizens’ freedom.
“Now, a lot of folks see criminal statutes and they think, oh, well, whoever made that, whoever enacted that knew what they were doing. It’s not always the case. … And sometimes statutes are struck down because they’re not well written. I think this is one of those laws, because I don’t think the legislators thought ahead as to how or what crimes would be appropriate and whether or not you even need to prove that second crime in order to bump it up to a felony,” Cevallos explained.
The very first motion Donald Trump’s lawyers are likely to file is a motion to dismiss.
And even liberal legal analysts think Bragg will have a hard time stopping a judge from tossing these sham charges.
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