Is it Brady material if it’s a Grand Jury? I thought the prosecutor doesn’t have to in that case?
Brady material before a grand jury? The DA has a duty to not pursue a matter if they have direct evidence indicating there was no crime committed. THAT is the misconduct.
Brady motions are issued by the defense after the indictment in the discovery phase. If Bragg has the proof Trump committed no crime and he indicts anyway and the proof is then given Trump’s lawyers in response to a Brady motion the defense will immediately file a motion for summary dismissal and a formal complaint for misconduct.
Bragg is trying to create a crime based on campaign finance law that nobody else sees. It’s a novel theory that is a joke. He is stalling now because the disclosure of the evidence of innocence makes his theory harder. In effect, he’s trying to prove the elements of a crime in light of the new evidence so he can claim that the proof is irrelevant to the charge. A very tall order.