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Napolitano Tells Newsmax: Lack of Evidence for Underlying Crime in Trump Trial



New York District Attorney Alvin Bragg and his prosecution team have failed to prove beyond a reasonable doubt that former President Donald Trump committed any underlying crime in relation to the business records violations he is charged with, according to retired New Jersey Judge Andrew Napolitano, speaking on Newsmax on Tuesday.

Napolitano noted that the government’s case has not definitively established the existence of an underlying crime that would justify the charges against Trump. Specifically, he pointed out that the prosecution has not conclusively linked the alleged deceptive payments to Trump’s former lawyer, Michael Cohen, regarding hush money payments to Stormy Daniels, an adult film actress who claims to have had a sexual encounter with Trump.

According to Napolitano, the government must not only prove that the payments were deceptive, but also demonstrate that they were made to conceal an underlying criminal act. He believes that the prosecution has only suggested a possible underlying crime, rather than proving it beyond a reasonable doubt.

While Napolitano agreed with trial Judge Juan Merchan’s decision to sustain an objection during Trump attorney Todd Blanche’s closing arguments, he criticized Blanche’s insinuation that the government knowingly allowed Cohen to commit perjury.

Despite his reservations about the trial proceedings, Napolitano emphasized the importance of judicial neutrality and fairness. He expressed caution in criticizing Judge Merchan, awaiting the release of his instructions to the jury before forming a definitive opinion.

Additionally, Napolitano highlighted the potential for appeal based on judicial errors, particularly if there are indications of bias or unfair treatment in the trial. He stressed the necessity for judges to maintain impartiality to uphold the integrity of the legal process.

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Sandy Fitzgerald

Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics. 


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