Former President Donald Trump said today that he will be arrested by the Manhattan District Attorney next Tuesday over payments made to porn star Stormy Daniels. Legal scholar Jonathan 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.
“Well, one would say that Bragg is outside of his lane, but in this case he’s on a completely different highway…this is an effort by a state official to effectively prosecute a federal crime, a crime that the Department of Justice decided not to prosecute.
“Although it may be politically popular, the case is legally pathetic. Bragg is struggling to twist state laws to effectively prosecute a federal case long ago rejected by the Justice Department against Trump over his payment of “hush money” to former stripper Stormy Daniels.
“In 2018 (yes, that is how long this theory has been around), I wrote how difficult such a federal case would be under existing election laws. Now, six years later, the same theory may be shoehorned into a state claim.
“It is extremely difficult to show that paying money to cover up an embarrassing affair was done for election purposes as opposed to an array of obvious other reasons, from protecting a celebrity’s reputation to preserving a marriage.
“That was demonstrated by the failed federal prosecution of former presidential candidate John Edwards on a much stronger charge of using campaign funds to cover up an affair.
“In this case, Trump reportedly paid Daniels $130,000 in the fall of 2016 to cut off or at least reduce any public scandal. The Southern District of New York’s U.S. Attorney’s office had no love lost for Trump, pursuing him and his associates in myriad investigations, but it ultimately rejected a prosecution based on the election law violations.
“It was not alone: The Federal Election Commission (FEC) chair also expressed doubts about the theory.
“Prosecutors working under Bragg’s predecessor, Cyrus Vance Jr., also reportedly rejected the viability of using a New York law to effectively charge a federal offense.
“More importantly, Bragg himself previously expressed doubts about the case, effectively shutting it down soon after he took office. The two lead prosecutors, Carey R. Dunne and Mark F. Pomerantz, resigned in protest.
“Pomerantz launched a very public campaign against Bragg’s decision, including commenting on a still-pending investigation. He made it clear that Trump was guilty in his mind, even though his former office was still undecided and the grand jury investigation was ongoing,” he said.
Trump said:
“Now illegal leaks from a corrupt & highly political manhattan district attorneys office, which has allowed new records to be set in violent crime & whose leader is funded by george soros, indicate that, with no crime being able to be proven, & based on an old & fully debunked (by numerous other prosecutors!) fairytale, the far & away leading republican candidate & former president of the United States of America, will be arrested on tuesday of next week.”
Elon Musk said:
“If this happens, Trump will be re-elected in a landslide victory.”
We are on the verge of watching a prosecution by plebiscite in this case. The season opener of “America’s Got Trump” might be a guaranteed hit with its New York audience — but it should be a flop as a prosecution. https://t.co/ZTg9Q1WzPB
— Jonathan Turley (@JonathanTurley) March 18, 2023
…Bragg is struggling to twist state laws to effectively prosecute a federal case long ago rejected by the Justice Department against Trump over his payment of “hush money” to former stripper Stormy Daniels.
— Jonathan Turley (@JonathanTurley) March 18, 2023
If this happens, Trump will be re-elected in a landslide victory
— Elon Musk (@elonmusk) March 18, 2023
