This bootstrap theory has been widely criticized, but many in the media sought to cut off that debate by suggesting that Bragg might be basing his prosecution on some unknown crime. Last week, Michael Cohen’s attorney Lanny Davis went as far to “warn all the pundits and everyone speculating…that there are lots of facts, lots of documents, lots of evidence of multiple crimes.”
We now have the indictment, and it is basically what many of us anticipated. It is a series of stacked counts of falsifying business records for the purpose of influencing the election. The indictment seems to address the lack of legal precedent with a lack of specificity on the underlying “secondary” felony. Bragg has done nothing more than replicated the same flawed theory dozens of times. This is where math and the law meet. If you multiply any number by zero, it is still zero.
If the New York bench retains any integrity, this case will be thrown out as legally improper with an admonition to Bragg and his office for politicizing the criminal justice process. That, however, may be asking a lot of state judges who are elected on both the trial and appellate levels. They also may prove to be lawyers on the Wilde side.
The cost, however, to the legal system will be immense.
[The test is this: do elected judges in New York have enough integrity to enforce the rule of law — the ACTUAL rule of law? Americans are supposed to be arraigned publicly with all charges known at the time of arraignment, and yet Bragg admittedly is withholding the basis of this arraignment from the defendant. Both Turley and Andrew McCarthy have rightly called out this step as grossly unconstitutional. Will judges intervene to put an end to it, or are they too politically invested in the outcome? — Ed]
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