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Trump to Answer Bragg’s Charges

Bragg -- NYPost

Former President Donald Trump has been indicted, a Hartford paper has told us in a front page, top of the fold banner headline.

To quote Winston Churchill in a far different context: “Now, this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning.”

Having secured from a Grand Jury an indictment, Manhattan District Attorney Alvin Bragg must now prosecute Trump on the charges considered by the Grand Jury. As yet, we do not know what the charges might be. Grand juries are secretive affairs, not unlike Star Chamber proceedings. They are prosecutorial instruments, somewhat like impeachments in the U.S. House of Representatives.

Long ago, this writer, hoping to provoke a chuckle, wrote that a Grand Jury properly primed by an ardent prosecutor, in the absence of defense attorneys, might be able to return an indictment charging a watermelon with jaywalking.

Neither impeachments in the House nor indictments by Grand Juries are verdict findings of guilt or innocence. Generally, an impeachment in the House – an indictment, really – is followed by a trial in the U.S. Senate that -- weighing charges brought by partisan House Democrats in Trump’s two impeachments -- votes for conviction or acquittal on the charges.

Trump’s two impeachments were not followed in the Senate by conviction on House charges, and so, in a judicial system in which a trial before one’s peers is necessary to determine the veracity of charges, Trump more or less slipped the noose, disappointing Trump hunters, among them Alvin Bragg, who bragged at a December, 2020 campaign forum, “I have investigated Trump and his children and held them accountable for their misconduct with the Trump Foundation. I know how to follow the facts and hold people in power accountable.”

The reader will be blinking a long while before a definitive judgment is rendered on Bragg’s charges, which first must be put to a jury, after which there will doubtless be appeals and possibly a review by the United States Supreme Court. Justice in the United States moves exceedingly slowly, as does coverage by the U.S. media of the various judicial proceedings.

Trump may not be above the law, but he most certainly will be below banner headlines for, some think, months preceeding the 2024 presidential elections – proof, some court watchers may believe, of a Democrat conspiracy to deny Trump a fair chance at election.

The elapsed misdemeanor charge under which Trump ought to have been prosecuted is no longer operative. But Bragg has made a federal mountain out of an expired misdemeanor molehill by alleging that Trump violated campaign laws that federal prosecutors had earlier declined to prosecute. Bragg’s novel accusation and a finding of guilty as charged by a real jury is doubtful.

“At trial,” The Daily Beast remarks, “Bragg will need Michael Cohen—Trump’s former lawyer and ‘fixer,’ who previously pleaded guilty to charges related to his paying Stormy Daniels for her silence—to be seen as credible by the jury, especially after the fully expected attacks on his character and reliability from Trump’s lawyers.”

Trump’s accuser, porn star Stormy Daniels, had previously accepted payment from Cohen as part of a contractual agreement among adults – both Trump and Daniels are over 21 years of age -- according to which Daniels would not divulge the alleged affair upon payment from Cohen. Trump has argued that the alleged affair was a figment of Daniel’s imagination, Cohen’s payment to her, not drawn from campaign funds, was simply nuisance insurance. This erotic and entertaining mare’s next is not a simple “he said, she said” dispute.

If Bragg is successful in his novel prosecution, politicians throughout the United States would be trembling daily at the prospect of politically ambitious state attorneys who could, at the drop of a hat, revive an expired misdemeanor charge by grafting it onto a felony charge that federal prosecutors had declined to pursue. This is unmapped prosecutorial territory that would in in the future produce an abundance of titillating headlines -- and havoc within a judicial system occasionally at the service of powerful politicians.

Judges tend to wrinkle their noses at novel precedents.

 

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