April 21, 2024

‘This is a flawed case’: Legal expert pours cold water on NY DA’s rumored plan to indict Trump as he explains why prosecution would likely fail

“Not confident that Bragg can bring this case under the statute of limitations”

In an analysis for The Hill, Turley further branded the Stormy Daniels case ‘politically popular’ but ‘legally pathetic’.

Legal expert says NY DA’s rumored plan to indict Trump is ‘flawed’

The case against Donald Trump over hush payments made to porn star Stormy Daniels in the build up to the 2016 presidential election is ‘flawed’, a legal scholar has said.

  • Legal scholar Jonathan Turley said the case by Manhattan District Attorney Alvin Bragg is unlikely to succeed after Trump said he’d be arrested on Tuesday
  • Turley claimed the long-running probe by Manhattan District Attorney Alvin Bragg was ‘a flawed case’
  • He added that Trump must ‘tap down any inflammatory rhetoric’ after the former president called for protests over the case

The case against Donald Trump over hush payments made to porn star Stormy Daniels in the build up to the 2016 presidential election is ‘flawed’, a legal scholar has said.

Jonathan Turley, a criminal defense attorney and Shapiro Chair of Public Interest Law at George Washington University, said the case by Manhattan District Attorney Alvin Bragg is unlikely to succeed.

Turley was responding to Trump’s claim on Saturday that he’ll be arrested on Tuesday next week following a long-running probe by Bragg’s office into the $130,000 paid to Daniels.

But Turley also said Trump must ‘tap down any inflammatory rhetoric’ after the former president issued a call for protests amid the imminent charges. Trump had announced he’d be arrested within days and added ‘PROTEST, TAKE OUR NATION BACK!’

Trump could be charged with falsifying business records in relation to payments to his former attorney, Michael Cohen, who served jail time after pleading guilty to using campaign finances in relation to Daniels. The former president could also face charges linked to violations of election law. 

The case against Donald Trump over hush payments made to porn star Stormy Daniels in the build up to the 2016 presidential election is ‘flawed’, a legal scholar has said.

Jonathan Turley, a criminal defense attorney and Shapiro Chair of Public Interest Law at George Washington University, said the case by Manhattan District Attorney Alvin Bragg is unlikely to succeed.

Turley was responding to Trump’s claim on Saturday that he’ll be arrested on Tuesday next week following a long-running probe by Bragg’s office into the $130,000 paid to Daniels.

But Turley also said Trump must ‘tap down any inflammatory rhetoric’ after the former president issued a call for protests amid the imminent charges. Trump had announced he’d be arrested within days and added ‘PROTEST, TAKE OUR NATION BACK!’

Trump could be charged with falsifying business records in relation to payments to his former attorney, Michael Cohen, who served jail time after pleading guilty to using campaign finances in relation to Daniels. The former president could also faces charges linked to violations of election law. 

Turley said: ‘This is a flawed case if it is based on a state charge effectively prosecuting the federal election violation. That federal case was rejected by the Justice Department. There are also statute of limitation questions that could come into play.

‘Bragg may be able to expect highly motivated judges and jurors in New York. However, the novelty and questions in this case would present difficult appellate issues for the prosecution.’

Turley added to DailyMail.com: ‘I am not confident that Bragg can bring this case under the statute of limitations.

‘However, if he can shoehorn the federal charge into a state case, he still faces considerable challenges for a conviction. This is a notoriously difficult theory to prosecute, though this is the best jury pool that a prosecutor could hope for.’

Federal prosecutors reportedly did not consider charging Trump over the payments while he was still in office because of Justice Department guidance that a sitting president can’t be indicted. 

They did look again at the matter after he left the White House, but opted against seeking an indictment because the issue seemed ‘trivial and outdated’ following the January 6 riots and scrutiny around Trump’s role in stirring up that, a book from CNN legal analyst Elie Honig said.

In an analysis for The Hill, Turley further branded the Stormy Daniels case ‘politically popular’ but ‘legally pathetic’.

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NYC prosecutor Alvin Bragg downgrades half of 2022’s felony cases, new statistics show

https://www.washingtontimes.com/news/2022/nov/28/nyc-da-alvin-bragg-downgrades-half-2022s-felony-ca/

New York County’s top prosecutor has downgraded slightly more than half of all felony cases to misdemeanors in 2022, compared to 39% in 2019, according to new data.

Manhattan District Attorney Alvin Bragg made criminal justice reform a key part of his 2021 campaign and directed staff to downgrade certain felonies so defendants wouldn’t face as much jail time.

A “day one” memo on downgrading charges resulted in a backlash from city police, and the district attorney backed off some changes.

Data analyzed by Fox News shows Mr. Bragg declined to prosecute 35% more felony cases this year than in 2019.

The numbers also show Mr. Bragg’s office wins a conviction when major felony charges are brought only 51% of the time, a decrease from 68% in 2019.

The data will fuel complaints that a light approach to punishment and state no-bail laws are resulting in a rise in crime.

Many crime categories are up in New York City compared to this time last year, including a 30% jump in robbery and 27% spike in burglary and a 13% increase in felony assault, according to New York Police Department figures. However, murder is down by 12%.

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