CNN senior legal analyst: D.A. Bragg contorted the law in an unprecedented manner to snare his prey.
RARE! An honest liberal, Elie Honig
Sure, victory is the great deodorant, but a guilty verdict doesn’t make it all pure and right. Plenty of prosecutors have won plenty of convictions in cases that shouldn’t have been brought in the first place. “But they won” is no defense to a strained, convoluted reach unless the goal is to “win,” now, by any means necessary and worry about the credibility of the case and the fallout later.
The following are all undeniable facts.
The judge donated money — a tiny amount, $35, but in plain violation of a rule prohibiting New York judges from making political donations of any kind — to a pro-Biden, anti-Trump political operation, including funds that the judge earmarked for “resisting the Republican Party and Donald Trump’s radical right-wing legacy.” Would folks have been just fine with the judge staying on the case if he had donated a couple bucks to “Re-elect Donald Trump, MAGA forever!”? Absolutely not.
District Attorney Alvin Bragg ran for office in an overwhelmingly Democratic county by touting his Trump-hunting prowess. He bizarrely (and falsely) boasted on the campaign trail, “It is a fact that I have sued Trump over 100 times.” (Disclosure: Both Bragg and Trump’s lead counsel, Todd Blanche, are friends and former colleagues of mine at the Southern District of New York.)
Most importantly, the DA’s charges against Trump push the outer boundaries of the law and due process. …
The district attorney’s press office and its flaks often proclaim that falsification of business records charges are “commonplace” … That’s true only if you draw definitional lines so broad as to render them meaningless. …
But when you impose meaningful search parameters, the truth emerges: The charges against Trump are obscure, and nearly entirely unprecedented. In fact, no state prosecutor — in New York, or Wyoming, or anywhere — has ever charged federal election laws as a direct or predicate state crime, against anyone, for anything. None. Ever. Even putting aside the specifics of election law, the Manhattan DA itself almost never brings any case in which falsification of business records is the only charge.
Standing alone, falsification charges would have been mere misdemeanors under New York law, which posed two problems for the DA. First, nobody cares about a misdemeanor, and it would be laughable to bring the first-ever charge against a former president for a trifling offense that falls within the same technical criminal classification as shoplifting a Snapple and a bag of Cheetos from a bodega. Second, the statute of limitations on a misdemeanor — two years — likely has long expired on Trump’s conduct, which dates to 2016 and 2017.
So, to inflate the charges up to the lowest-level felony (Class E, on a scale of Class A through E) — and to electroshock them back to life within the longer felony statute of limitations — the DA alleged that the falsification of business records was committed “with intent to commit another crime.” Here, according to prosecutors, the “another crime” is a New York State election-law violation, which in turn incorporates three separate “unlawful means”: federal campaign crimes, tax crimes, and falsification of still more documents. Inexcusably, the DA refused to specify what those unlawful means actually were — and the judge declined to force them to pony up — until right before closing arguments. So much for the constitutional obligation to provide notice to the defendant of the accusations against him in advance of trial. (This, folks, is what indictments are for.)
In these key respects, the charges against Trump aren’t just unusual. They’re bespoke, seemingly crafted individually for the former president and nobody else.
The Manhattan DA’s employees reportedly have called this the “Zombie C… [b]ut it’s better characterized as the Frankenstein Case, cobbled together with ill-fitting parts into an ugly, awkward, but more-or-less functioning contraption that just might ultimately turn on its creator.
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Here, prosecutors got their man, for now at least — but they also contorted the law in an unprecedented manner in their quest to snare their prey.
Read the whole thing here.
Obviously, if one cares about "the rule of law". "legal precedent", and any sense of prosecutorial SOP, this entire event was, to say the least, a disappointing outcome, however, just like with the lunatic E. Jean Carrol stretched statute of limitations, and sham trial, this does help fully illuminate just how far they will go, and the rules they will bend/break, to get there, just to preserve their stolen power.
And sure, it'll work in the short term, and it might even have some legs in the medium term, but it's not gonna fly in the long term, and everybody with any sense at all, knows this!
Love it or hate it, but our society is held together by the thinnest sinew of presumed credibility; A veneer of fair play, equal justice, and a near make-believe presumed- honest house of gambling, whoredom, and debauchery. We all know that it's a shitty, on the edge of town, low rent casino, of dubious character and practices, but it's the shitty little casino/whorehouse/beer joint that we accept.
But as soon as people realize the games are rigged, the hookers are imported Thai he-shes with the clap, and the liquor is bathtub gin that leaves you blind... well, there is no longer the veneer of legitimacy, and you might as well punch the bartender, slap your waitress, shoot the hookers, and smash a bottle of booze into the mirrors behind the bar and light the place on fire, laughing as you ride off into the sunset!
Well, Americans are seeing what a slipshod, crooked, unlicensed, cockroach infested, shithole jip-joint they are sitting in, and once that reality sinks in fully, the jig is up!
If I may quote the immortal Walter Sobchak- "Has the whole world gone crazy!? Am I the only one around here who gives a shit about the rules!?"
https://youtu.be/EZTSD3Gp5NM?si=2tTr3qAPpIxh7Mx8
Note to the uninitiated- This is a league game, so mark it zero, or you are entering a world of pain!
Son of a bitch…Just when I thought I was out (over Trump), that D(umb). A(ss). Bragg pulled me back in!
I’m not forgiving Trump for breaking most of his campaign promises but I hate Banana Republics more than braggadocious little lies.
Besides, the night he wins, I’ll be in my favorite neighborhood bar washing down a StoneBurger with some bubbly and laughing my ass off with the troops as we watch liberal heads exploding…a patriot’s favorite entertainment.