Bragg’s decision to mothball the investigation was obviously very unpopular among New York lefties and Democrats across the country. The DA became even more isolated when he was upstaged by the state’s attorney general Tish James, who has tried to make a massive civil case out of the Trump business practices that federal and state prosecutors had decided not to pursue criminally (because penal offenses have to be proved beyond a reasonable doubt, a more demanding standard than the mere preponderance standard applicable in civil law).
In raising expectations that he will charge Trump after all, Bragg may hope to stanch the criticism of his prior reluctance to bring a dubious case. And perhaps he fears he will otherwise become a pariah in Democratic circles next Tuesday, the scheduled publication date of Pomerantz’s book — which, the Times reports, Bragg has been trying to dissuade Simon & Schuster from publishing, on the grounds that it might disclose grand-jury information or interfere with his now-revived investigation. Whatever the reason, Bragg’s minions have stepped up the pace of their probe, suggesting that an indictment is imminent, at least in the next few months.
[As I wrote yesterday, this case is a loser on several fronts. First, the DoJ used the same legal theory to prosecute John Edwards, and a jury didn’t buy it. And they had clear jurisdiction, with Edwards’ campaign for federal office, which the state of New York does not have regarding Trump’s presidential run. Secondly, their case will rely on Michael Cohen, who went to prison for perjury. The motive here is so clearly political and punitive that even a grand jury indictment might get tossed by a judge once Trump’s lawyers get into court.
The only explanation for it is political vengeance, yet another brick for House Republicans to use in building a case that Democrats have entirely politicized the systems of justice in the US. They’re all Ahab, not just Bragg. — Ed]
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