WSJ Editorial: Alvin Bragg’s Political Charge Against Donald Trump

[maestrob]

An indictment of a former President must be for serious offenses with indisputable evidence.

By The Editorial Board
March 19, 2023 5:14 pm ET

Alvin Bragg may actually do it. The Manhattan district attorney is by all media accounts preparing to indict Donald Trump for failing to account properly for hush money paid to his alleged mistress, unleashing who knows what political furies. Mr. Trump said Saturday he expects to be arrested on Tuesday and urged his supporters to “protest, protest, protest.” Cry, the beloved country.


It’s impossible to overstate Mr. Bragg’s bad judgment here. Perhaps the local Democratic DA has discovered some new proof of criminal behavior. But based on the public evidence so far, he would be resurrecting a seven-year-old case that even federal prosecutors refused to bring to court.

As we wrote last week, the charge would appear to be falsifying business records to pay the mistress, Stormy Daniels. That is typically a misdemeanor in New York state, though Mr. Bragg might bump it up to a felony by claiming the falsification was to cover up an illegal campaign-finance donation to Mr. Trump’s 2016 presidential campaign.

A key prosecution witness would be Michael Cohen, Mr. Trump’s former lawyer who is an admitted felon. Mr. Trump might claim in his defense that his payments were made to shield the affair from his wife. He has publicly denied an affair with Ms. Daniels. Proving intent to break the law will not be easy.


So Mr. Bragg may indict a former President for the first time in American history based on the weakest of charges. He would subject the country to a trial that would be a media circus for the ages. And he would do so running the risk that a single juror could block a guilty verdict and validate Mr. Trump’s claim that this is a political prosecution.

Yes, we know, in America no one is above the law. But prosecutors use their discretion every day not to bring charges for any number of reasons. Mr. Bragg came into office vowing not to charge numerous non-violent crimes against public order.

The prosecution of a former President who is again a candidate for the White House is inherently fraught with political ramifications. A wise prosecutor must consider the potential harm to confidence in the rule of law in bringing a prosecution that at least half the country will deem political. A charge against a former President or current candidate must be for serious offenses with indisputable evidence.

All the more so given that Mr. Bragg is acting here after being criticized for not bringing a case against Mr. Trump on charges related to the finances of the Trump Organization. Two prosecutors quit his office after Mr. Bragg made that decision. One of the prosecutors, Mark Pomerantz, wrote a highly critical book that the media has celebrated. Is Mr. Bragg now wilting under that media and political pressure?

We also know that Democrats want to run against Mr. Trump in 2024. They think he is the easiest candidate to defeat, and so they want to keep Mr. Trump in the political spotlight. An indictment of Mr. Trump now would come as the 2024 presidential race begins in earnest and would put other Republican candidates on the spot. Trump supporters are already demanding that Florida Gov. Ron DeSantis, a likely opponent, refuse to extradite Mr. Trump to New York in defiance of the law.

Mr. Trump’s calls for protests are irresponsible, as well as against his self-interest. The smart play would be to follow the law while claiming his innocence. If there is violence amid protests, Mr. Trump will get much of the blame. But Mr. Bragg and his partisan cheerleaders will have touched off the whirlwind.

We don’t know the political impact of indicting Mr. Trump, but it’s possible it would help his candidacy. Republicans might rally to his defense even after millions had concluded after the GOP’s midterm disappointment that it is time for a new nominee. Democrats have used legal investigations and impeachment against Mr. Trump for six years, and each time it failed to knock him out. As we have argued all along, the proper way to defeat Mr. Trump is through the ballot box.

As a provincial progressive from New York City, Mr. Bragg may not understand the political forces he is unleashing. He might want to consult the satirical wisdom of the Babylon Bee headline on Twitter: “Manhattan DA Announces Plan to Get Trump Elected in 2024.”

https://www.wsj.com/articles/alvin-brag ... opin_pos_1

[Rach3]

The WSJ Editorial Board op eds seem so often just a print-edition of Fox, with an added layer of pseudo intellectualism and arrogance ( "provincial progressive" ).

I would hope the fact Trump has gotten himself into trouble for paying hush money to a porn star, whether to hide the affair from his wife and son, and/or to protect his election bid, would not generate any sympathy for him , let alone generate an attack on the judicial system. I suspect even Trump's Proud Boys,before protesting, will think twice about risking their lives, fortunes,sacred honors , and criminal prosecutions themselves, for Trump's admitted indiscretions of this type.

Wall Street , as we learned in 2008 and again now, agrees some financial institutions and some of their depositers are too big to fail, but little guys are on their own. I guess their view is also that some public officials are too big to charge with small crimes, but not a little guy committing the same crime.

Trump boasted about " grabbing them by the ..." . Seems he's done the same with some media and others.

[Belle]

Not like the left wing media and its activist wingmen, though, aye!! (I say 'wingmen' because of bias towards the left WING.)

I say again, Trump is as dead as last year's Christmas turkey!! Probably not even as tasty either!

[jserraglio]

Different countries, far different customs.

In this country, in America, we tend to eat turkey on Thanksgiving, and we decide our elections not by punditry but by actually casting ballots.

Last week’s Quinnipiac snapshot of voter sentiment shows Trump as the odds-on favorite among G.O.P. voters. The race at this admittedly early point is not even close. “Donald Trump is extending his lead over Florida Gov. Ron DeSantis, who will likely start as the former president’s top competitor in the 2024 Republican presidential primary if he runs, according to a poll of a potential GOP field released Wednesday.

“Quinnipiac University’s latest survey of Republican and Republican-leaning voters found Trump winning 46% of support in a hypothetical GOP primary field, with DeSantis receiving 32%.

“That’s a welcome change for Trump, who held just a 6-percentage-point lead over DeSantis in Quinnipiac’s February poll of the prospective primary field. The ex-president led his possible rival by a 42% to 36% margin at the time.

“Asked in the new poll who they would support in a head-to-head matchup between Trump and DeSantis, 51% of respondents chose the former president, versus 40% who picked the governor.

“‘DeSantis might be the buzz in the GOP conversation, but for now Trump is seeing no erosion and, in fact, enjoys a bump in his lead in the Republican primary,’ Quinnipiac University polling analyst Tim Malloy said in a statement.”

[maestrob]

I still haven't received a single rent payment from the current squatter in my spine. Eviction notices go unanswered, and subpoenas are ignored. At this point the sheriff has stopped taking my calls.

Never forget.

[jserraglio]

In todays NYT, Maggie Haberman, a Trump critic but one who has known and covered the Donald for years, called Trump “the strong favorite to win his third consecutive Republican presidential nomination.”

[Rach3]

Sure are lots of “political charges” against Trump:

https://www.justsecurity.org/75032/liti ... ald-trump/

[barney]

Thanks Steve, that's one heck of a list.

[jserraglio]

Polls: Donald gained 15 points since December; Ronald lost 12 points.

And the very latest G.O.P. presidential poll from Morning Consult provides cold comfort for Da Santistas:

Trump 54%
DeSantis 26%
Pence 7%
Haley 4%.

Source: https://thehill.com/homenews/campaign/3 ... 28-points/

I am beginning to wonder whether Ron will duck out.

As for the pending Trump indictments, they may well come too late to sink Trump’s candidacy — they, and the subsequent public trials, may help as much as hurt him in the primaries.

The govt has dragged its feet bringing charges, and Trump’s delaying tactics appear thus far to be working.

Should Trump continue his run at the presidency, any acquittals will propel him to the nomination, whereas any convictions will make him a martyr and be litigated all the way up to the 2024 November election.

Should he ultimately lose the nomination and a Republican win the election, he will be in line for a pardon, especially if he has encouraged his base to vote for that person.

But should he win the nomination and the election, he can test his self-pardon powers in the courts. If he loses there and the President who follows him (assuming there is one) happens to be Republican, he will likely secure a pardon from her, free and clear.

So, if he wins, he wins. If he loses, he still stands to win.

[Rach3]

So, if he wins, he wins. If he loses, he still stands to win.

Good analysis.

Robert Mueller pulled a punch, although in fairness with Barr as AG not clear that result would have been different.

We have met the enemy and he is us, the cease fire at Appomattox Courthouse ending with the Trumpists' reaction to the election of Obama , and modern day snake-oil salesmen peddling social media to the deplorables.