All Americans should be appalled by this selective prosecution. Today’s target is former President Donald Trump. Tomorrow it could be a Democratic Party.
some people asked. chosen by the jury Manhattan, which voted overwhelmingly against Trump, may be able to judge the former president fairly. But beyond this point, the real problem with Trump now is that his best arguments are inherently legal. Prosecutors appear to be lumping misdemeanors and felonies together to find something to “get Trump.” (Related article: Stormy Daniels’ testimony frustrates judge and nearly ruins Alvin Bragg’s case against Trump)
The underlying crime appears to be a misdemeanor of falsifying business records, but the statute of limitations has long since run out. To make it a felony within the statute of limitations, prosecutors would have to prove that Trump falsified records to influence the election, which would constitute a federal election felony.
But the problem is that federal authorities have not prosecuted Trump for this federal election crime. Additionally, state prosecutors have no jurisdiction over federal election laws.
Finally, when the trial began, it wasn’t even clear which federal election law exactly the district attorney was relying on.
I have been teaching, practicing, and writing about criminal law for 60 years. During that time, he had never seen or heard of a case in which a defendant was criminally charged for failing to disclose payments of what prosecutors called “hush money.”
Alexander Hamilton paid hush money to cover up his affair with a married woman. Since then, many have paid hush money. If Congress wanted to criminalize such behavior, it could easily pass a law prohibiting hush money payments or requiring disclosure of hush money payments. they refused to do so.
Prosecutors cannot simply make up a new crime by mixing together existing crimes, some of which are prohibited by statute of limitations and others outside the jurisdiction of state prosecutors.
Courts of appeals should be able to see through this ruse and overturn the resulting convictions. But that’s likely to happen after the election. But in the meantime, pre-election convictions could influence independent voters to vote against convicted felons.
In addition to legal issues, the prosecution’s case also has some factual weaknesses. Prosecutors are relying on witnesses who have lied in the past and whose credibility is highly questionable.
They would have to approve a statement in business records that Trump paid the alleged hush money payments for legal expenses and prove beyond a reasonable doubt that the statement was intentionally false. . He may also have to prove that the reason he allowed him to speak was to help him get elected. Don’t avoid embarrassment To the detriment of my wife, my children, or my business.
If the defendant wasn’t Donald Trump and the venue wasn’t in Manhattan, this would be a complete victory for the defendant. In fact, this very weak case would never have been filed.
I am not a political supporter of Trump. I voted for Joe Biden in the last election, and I feel positive about the next election. But I hope it’s fair. No matter who loses an election, no one should be able to complain about election interference through the weaponization of the criminal justice system for partisan gain.
All Americans, regardless of political affiliation, should be appalled by this selective prosecution. Today’s target is Trump. Tomorrow it could be a Democratic Party. After that, you and me. The criminal justice system is on trial in New York.
If Trump is convicted based on the perversion of the law and the facts we see, this system will fail us all.
Alan Dershowitz is a professor emeritus at Harvard Law School and the author of Get Trump, Guilt by Accusation, and The Price of Principle.This work has been reprinted from Alan Dershowitz Newsletter, and can browse here.
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