This is a 'politically motivated witch hunt': Gregg Jarrett
The indictment of former President Donald Trump reportedly handed down by a Manhattan grand jury is sealed, so we don’t know the precise legal charges against the former president. However, based on leaks to the media from sources within the district attorney’s office, we can draw some reasoned conclusions.
Manhattan District Attorney Alvin Bragg has cobbled together a novel, if not bizarre, legal theory of intertwining offenses. It is doubtful that his case can withstand judicial scrutiny, assuming the judge who presides over the matter is objective and neutral.The defense will surely file a motion to dismiss by arguing that the case is not supported by the law and that the alleged facts do not amount to a crime.The district attorney accuses Trump of falsifying business records in the accounting of a payment made to porn actress, Stormy Daniels. By taking that dubious misdemeanor and coupling it with a purported campaign finance violation, Bragg seeks to elevate it into a felony. The law does not permit such arrant manipulations.
TRUMP INDICTED AFTER MANHATTAN DA PROBE FOR HUSH MONEY PAYMENTS
It is doubtful that the prosecutor will argue a state campaign crime because the 2016 presidential election was for federal office. At the same time, Bragg cannot cite a federal campaign violation because a local prosecutor can only charge under state statutes.Regardless, the prosecution of Trump is likely barred by the statute of limitations. The misdemeanor is two years, while the felony is five years. Neither can be tolled or paused under a strict reading of New York law. Trump may have been outside of the state’s jurisdiction during much of the past seven years, but his whereabouts were well known, and he maintained his residency in New York while president, visiting it regularly. Hence, it is unlikely that the two statutes of limitations can extend beyond their expiration. Bragg had no access to evidence, yet he prejudged an indictment that had not been brought and pre-ordained the grand jury’s outcome. The district attorney now wants to engineer a conviction by contorting the law.
Apart from the procedural obstacles, the merits of Bragg’s case are equally flawed. First, non-disclosure agreements in exchange for money are perfectly legal. Second, it would have to be shown that Trump himself was involved in falsifying records. Third, Bragg would have to prove that Trump not only understood the complex and convoluted campaign laws that few people comprehend but that he intended to violate them.
UNPRECEDENTED TRUMP INDICTMENT EVISCERATED AS 'LEGALLY PATHETIC'
https://www.foxnews.com/opinion/trumps-indictment-rests-bizarre-legal-theory-three-major-flaws
The indictment of former President Donald Trump reportedly handed down by a Manhattan grand jury is sealed, so we don’t know the precise legal charges against the former president. However, based on leaks to the media from sources within the district attorney’s office, we can draw some reasoned conclusions.
Manhattan District Attorney Alvin Bragg has cobbled together a novel, if not bizarre, legal theory of intertwining offenses. It is doubtful that his case can withstand judicial scrutiny, assuming the judge who presides over the matter is objective and neutral.The defense will surely file a motion to dismiss by arguing that the case is not supported by the law and that the alleged facts do not amount to a crime.The district attorney accuses Trump of falsifying business records in the accounting of a payment made to porn actress, Stormy Daniels. By taking that dubious misdemeanor and coupling it with a purported campaign finance violation, Bragg seeks to elevate it into a felony. The law does not permit such arrant manipulations.
TRUMP INDICTED AFTER MANHATTAN DA PROBE FOR HUSH MONEY PAYMENTS
It is doubtful that the prosecutor will argue a state campaign crime because the 2016 presidential election was for federal office. At the same time, Bragg cannot cite a federal campaign violation because a local prosecutor can only charge under state statutes.Regardless, the prosecution of Trump is likely barred by the statute of limitations. The misdemeanor is two years, while the felony is five years. Neither can be tolled or paused under a strict reading of New York law. Trump may have been outside of the state’s jurisdiction during much of the past seven years, but his whereabouts were well known, and he maintained his residency in New York while president, visiting it regularly. Hence, it is unlikely that the two statutes of limitations can extend beyond their expiration. Bragg had no access to evidence, yet he prejudged an indictment that had not been brought and pre-ordained the grand jury’s outcome. The district attorney now wants to engineer a conviction by contorting the law.
Apart from the procedural obstacles, the merits of Bragg’s case are equally flawed. First, non-disclosure agreements in exchange for money are perfectly legal. Second, it would have to be shown that Trump himself was involved in falsifying records. Third, Bragg would have to prove that Trump not only understood the complex and convoluted campaign laws that few people comprehend but that he intended to violate them.
UNPRECEDENTED TRUMP INDICTMENT EVISCERATED AS 'LEGALLY PATHETIC'
https://www.foxnews.com/opinion/trumps-indictment-rests-bizarre-legal-theory-three-major-flaws
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