Jonathan Turley, a law professor at George Washington University, has reacted to the news that President Donald Trump would be
persecuted prosecuted by the Manhattan DA Alvin Bragg. Turley says that the case against Trump is shoddy and could be dismissed on the grounds that it is beyond the statute of limitations. There are several other flaws in the case. One major hurdle id that it is a federal crime and the feds who were desperate to pin anything on Trump decided that there was no case.
Besides, Bragg cannot prosecute on federal charges, so he would have to use state law, which would prove very difficult. The Democrats have been trying for years to pin something on Trump. There was the Mueller investigation. Two impeachment attempts. For many years the NY AG Letitia James has worked feverishly trying to find anything and still, she has failed. There was the release of Trump’s tax returns that turned out to be a nothing burger. Thousands of man hours and at least $50 million dollars spent and they have nothing.
The New York Times even admits this case is a loser:
In New York, falsifying business records can amount to a crime, albeit a misdemeanor. To elevate the crime to a felony charge, Bragg’s prosecutors must show that Trump’s “intent to defraud” included an intent to commit or conceal a second crime.
In this case, that second crime could be a violation of New York state election law. While hush money is not inherently illegal, the prosecutors could argue that the $130,000 payout effectively became an improper donation to Trump’s campaign, under the theory that it benefited his candidacy because it silenced Daniels.
Turley says the case is flawed:
Jonathan Turley, a criminal defense attorney and Shapiro Chair of Public Interest Law at George Washington University, said the case by Manhattan District Attorney Alvin Bragg is unlikely to succeed.
Turley was responding to Trump’s claim on Saturday that he’ll be arrested on Tuesday next week following a long-running probe by Bragg’s office into the $130,000 paid to Daniels.
But Turley also said Trump must ‘tap down any inflammatory rhetoric’ after the former president issued a call for protests amid the imminent charges. Trump had announced he’d be arrested within days and added ‘PROTEST, TAKE OUR NATION BACK!’
Trump could be charged with falsifying business records in relation to payments to his former attorney, Michael Cohen, who served jail time after pleading guilty to using campaign finances in relation to Daniels. The former president could also faces charges linked to violations of election law.
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.’
Turley added to DailyMail.com: ‘I am not confident that Bragg can bring this case under the statute of limitations.
‘However, if he can shoehorn the federal charge into a state case, he still faces considerable challenges for a conviction. This is a notoriously difficult theory to prosecute, though this is the best jury pool that a prosecutor could hope for.’
If you try to kill a king, you had better be successful. The king will live.