Alvin Bragg Makes History with Donald Trump’s Case
Alvin Bragg deserves praise for moving forward with the Trump hush-payments case and taking it to trial.
Many prosecutors would have been hesitant to create a national spectacle and prosecute a former president for what essentially amounts to a misdemeanor charge related to business records.
They may have been reluctant to rely on Michael Cohen, a known perjurer, as a key witness.
The ambiguity surrounding whether the hush payments to Stormy Daniels were personal or campaign expenses might have deterred them from pursuing the case.
They may have been unwilling to stretch the statute of limitations or make convoluted legal arguments to connect events from 2017 to the 2016 election.
While federal prosecutors and Bragg’s predecessor declined to pursue this case, Bragg was determined to see it through.
If successful, Bragg may be remembered as the Manhattan district attorney who prioritizes bookkeeping offenses over more serious crimes.
The trial focuses on Trump, but the key figure in this case is Bragg, as he is the one who pushed for these charges.
The payment made by Cohen to Daniels before the 2016 election to keep her quiet about an alleged affair with Trump is at the center of the case.
While the hush payment may be unethical, it is not necessarily illegal.
The alleged offense occurred when Trump reimbursed Cohen in 2017 and incorrectly classified the payment as a legal expense.
The drafters of the relevant New York statute classified this as a misdemeanor.
Bragg creatively redefined the offense as a felony by connecting it to a violation of federal campaign finance laws.
By expanding the charges, Bragg was able to extend the statute of limitations and charge multiple offenses related to the payments.
Despite the facts not fully supporting Bragg’s theory, he has framed the case as if Trump orchestrated an election influence scheme over a period that extends past the actual election date.
Although the legal system in New York may be biased against Trump, there is a possibility that he could escape conviction.
An unfavorable outcome for Bragg in this case would be a significant setback for him as a prosecutor.
Twitter: @RichLowry