While we cannot know for certain
whether New York County, New York District Attorney Alvin Bragg’s
catastrophic decision to successfully indict and arraign a former
president of the United States was partially attributable to an
intervening apparition, we can reasonably conclude that the actions of
this past week have cast a most woeful die for the trajectory of our
decadent, declining republic. The 34-count formal indictment of former
President Donald Trump, laughably meritless on the legal merits and
scandalously imprudent on the broader political judgment, represents a
genie that cannot, and will not, ever be returned to its bottle.
Much ink already has been spilled on
the glaring legal deficiencies in Bragg’s case, which ought to be
evident to any competent first-year law student and which had led
Bragg’s predecessor Cyrus Vance Jr., U.S. prosecutors and—in the
not-so-distant past—Bragg himself to eschew prosecution. The underlying
New York state crime that Trump allegedly violated and which is the
exclusive crime invoked in the formal indictment, falsifying business
records in the first degree, has a two-year statute of limitations under
New York criminal law. The final alleged criminal bookkeeping action—a
“hush money” payment to former porn star Stormy Daniels by former Trump
“fixer,” and more recent convicted felon, Michael Cohen—was on December
5, 2017. The statute of limitations thus tolled over three years ago.
That alone should suffice to dismiss the case.
Bragg’s theory appears to be that he
can somehow evade this, and simultaneously enhance the misdemeanor to a
felony, by proving—beyond a reasonable doubt, naturally—that Trump’s
bookkeeping falsifications were done in furtherance of another crime.
But Bragg, remarkably, has not said what that crime is. It appears to be
some amorphous combination of skirting federal campaign law and/or New
York state election law, in the context of Trump’s successful 2016
presidential run; but the former has a five-year statute of limitations
(thus also tolled) and is also well outside Bragg’s legitimate
prosecutorial jurisdiction as a county district attorney, and the latter
should not properly apply to a U.S. presidential candidate. Moreover,
even ignoring the dispositive statute of limitations and jurisdictional
issues, the very thing Bragg would need to prove to a jury “beyond a
reasonable doubt” to secure the felony enhancement—that Trump directed
Cohen to make the payments with the specific intent to benefit his 2016
presidential campaign—is rebutted by Cohen himself, who has testified
under oath that Trump requested the payments to be made furtively to
spare his family personal embarrassment.
Alvin Bragg, lest it go unstated, is
the same George Soros-funded “reform prosecutor” who has overseen a 22
percent year-over-year increase in New York City’s crime rate, even as
he has downgraded a whopping 52 percent of felonies to misdemeanors. In
the Big Apple, homicides are spiking, illegal guns are everywhere,
single women are afraid to walk the streets of Manhattan alone, and
commuters are terrified to ride the subway lest insane homeless persons
push them into oncoming trains. Yet this
is how Alvin Bragg, who, along with New York State Attorney General
Letitia James, ran on an open and explicit “Get Trump” campaign
platform, chooses to spend his time, expend his prosecutorial resources
and seek misdemeanor-to-felony enhancements.
But the deed is done. If not
dismissed beforehand, a trial would likely not unfold until later this
year or early next. And in the interim, other ambitious prosecutors
investigating Trump in Georgia and Washington, D.C., have now watched
Bragg shatter the hitherto unbroken precedent of the ruling political
party never criminally indicting a former and defeated president of the
opposite political party, which had been—until this past week—one of the
few remaining things to which we might point to distinguish our
late-stage republic from its third-world banana republic equivalents the
world over. Perhaps additional indictments in those jurisdictions will
indeed follow. Either way, the political ramifications for the 2024
Republican presidential primary are legion. (Read more.)