Could the Prague Attorney General’s indictment crush Trump?

For more than a year, the criminal investigation against him Donald Trump And whether he orchestrated a “scheme to buy silence” porn star Stormy Daniels is considered deadlocked. Federal prosecutors in New York had reviewed the case and declined to pursue it.

When Alvin Bragg takes over as Manhattan District Attorney in 2022, he reportedly feels the case lacks much evidence and turns his attention to a tax fraud case against the former US president’s business empire.

However, what has been widely described as a “zombie situation” He came back to life on TuesdayAn inflamed Trump was formally indicted with 34 felonies.” The 16-page indictment simply alleged that Trump falsified business records to compensate his former attorney, Michael Cohen, for paying Daniels $130,000 during the 2016 campaign in exchange for an agreement not to talk about Rumored Trump Affair”.

The criminal case—unprecedented in both the legal theories it has advanced and the political implications of indicting a former president— It was met with extreme skepticism by many jurists.

«Those who had long questioned the wisdom of “pursuing” this case immediately turned to the Democratic attorney generalEven those who support impeachment of Trump for other crimes have expressed skepticism, writes the Financial Times. Richard Hasan, a professor at UCLA Law School, who previously called for Trump to be charged in a separate investigation into the 6 May riots January 2021 on Capitol Hill Political and legal considerations should have prevented Prague from moving forward.

«Legal documents are sufficient poor – If this were in federal court, I would have expected a more comprehensive theory of the case.Hassan said. He added, “If this case is weak… some might assume that all cases” against Trump are weak, referring to investigations in Georgia and elsewhere over Trump’s alleged interference in the 2020 presidential election.

When does a misdemeanor become a felony?

Falsification of business records is a misdemeanor in New York State and cannot be upgraded to a more serious felony unless it is done with the intent to conceal another crime. “Suspicion because this additional crime has not been detected.”said Tanesha Palvia, a former Assistant US Attorney in Manhattan who now works in the private sector.

Assistant Attorney General Christopher Conroy said in court that Trump gave the money “to conceal an illegal plot to undermine the integrity of the 2016 presidential election.”

Trump allies reportedly made further payments to the publisher behind the National Enquirer to silence a Playboy model who claimed he had an affair with Trump as well as the former Trump Tower janitor.

For his part, the Prague Public Prosecutor confirmed at the press conference that he acknowledged that the indictment “is not just a one-off payment,” Citing federal and state election laws Trump may have violated, as well as possible violations of New York tax law. But he acknowledged that “the indictment did not specify” any specific crimes, leaving room for Trump to challenge the veracity of the charges against him.

“What surprised me was the release of the data, which presented a picture that I believe is connected to a conspiracy,” said Jim Roberts, a former assistant district attorney for the Manhattan District.

This charge (ie: conspiracy) is conspicuously absent from the indictment.Unlike the indictment against Trump’s former adviser, Steve Bannon, he points out. The case was handled by the same prosecutor’s office.

The multiple theories of the wanted crime that would elevate the misdemeanor to a felony “may indicate that there is no simple, coherent, and convincing theory of the prosecution.”. Roberts comments, adding that it would take such a theory to convince a jury. “Given the stakes, the Prague prosecutor cannot afford to lose this case.”

However, linking the misdemeanor of falsifying business records to a federal election offense has not been tested as a legal theory in New York State. To the extent authorities rely on charges at the state level, Hassen says, it’s unclear whether a person can be charged with these offenses at the federal election level.

Another potential weakness in the case is that it relies on witnesses like Daniels and Cohen. Daniels wrote a book about her dealings with Trump and Cohen, who pleaded guilty in 2018.

“They’re going to have to confirm every word that comes out of Michael Cohen’s mouth,” says Karen Friedman-Agnifello, a former senior official in the Manhattan district attorney’s office who has long supported Bragg’s decision to pursue the case. He admits: “This is a weakness.”

Those with personal knowledge or experience of Trump’s tactics warn that no one should jump to conclusions solely from the indictment, stressing that it is just a prelude to a legal battle that could drag on for more than a year.

“President Trump will spare no expense in trying to get the charges dismissed,” said Temidyo Aganga Williams, who served as a senior counsel on the House Special Committee investigating the January 6, 2021 attack. For strategic reasons, you as a plaintiff may choose to give less information than you might provide under other circumstances.

Source: Financial Times

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