Alvin Bragg built Trump charges on shaky legal theories, experts warn
By Jeff Mordock - The Washington Times - Wednesday, April 5, 2023
Manhattan District Attorney Alvin Bragg’s historic 34 felony charges against former President Donald Trump hinge on dubious legal theories that critics say make an extraordinarily weak case.
Mr. Bragg charged Mr. Trump with falsifying business records to conceal payoffs to people who threatened to come forward with negative stories about him before the 2016 presidential election.
Falsifying business records is typically a misdemeanor under New York law, but the law allows the charge to be upgraded to a felony if the records are falsified to commit or conceal another crime.
Mr. Bragg elevated the charges to felonies, but neither the indictment nor the accompanying statement of facts spells out the second crime or crimes. Mr. Bragg vaguely states that Mr. Trump concealed the payments as part of a scheme to “violate state and federal election laws.”
Legal analysts said it’s a heavy lift to argue that the hush money payments — which are not illegal — violated the Federal Election Campaign Act, the most analogous statute to what Mr. Bragg is arguing.
“This is the most extraordinary expansion of the scope of federal election law you can imagine,” said James Bopp Jr., a lawyer who specializes in campaign finance law. “Under this theory, everything a politician does in his life can influence an election.”
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READ MORE: https://www.washingtontimes.com/news/2023/apr/5/experts-warn-alvin-bragg-built-donald-trump-charge/
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