The Corner

Law & the Courts

The Cat Is Out of the Bragg

Listening to the prosecution summation by Joshua Steinglass, it is quite amazing how explicitly the state is relying on violations of FECA as the “other crime” that Donald Trump was allegedly concealing by causing his business records to be falsified.

It is impossible to draw any conclusion other than that Manhattan district attorney Alvin Bragg knew that, as a state prosecutor, his enforcement of federal law would be incredibly controversial since he has no such authority; the federal agencies that do have such authority investigated Trump and opted not to prosecute; and to get this prosecution done, Bragg is simply making up his own version of federal law.

Bragg had the collusion of Judge Merchan, who allowed the state to get away with not putting the “other crime” in the indictment, and rejected defense attempts to force him to provide explicit disclosure pretrial. Prosecutors hid in the tall grass until summation and are now emphatically describing Trump as having blatantly violated federal campaign law.

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