Posted on 03/31/2023 10:15:36 AM PDT by Signalman
Harvard Law professor emeritus Alan Dershowitz says the indictment of Donald Trump is the “worst case of prosecutorial abuse I have ever seen.” And he’s not the only one calling out this raw exercise of political power over the rule of law. Thursday night, Trump’s attorney echoed that sentiment, declaring, “today the rule of law in the United States of America died.”
Trump was charged in a sealed indictment handed up on Thursday that is believed to concern a non-disclosure agreement signed by porn actress Stormy Daniels, which the legacy media calls “hush money.” Daniels was paid $130,000 by Trump’s attorney Michael Cohen. Both Cohen and Daniels have declared that Trump didn’t make the payment himself and that there was no personal relationship in 2006 between Trump and the x-rated porn actress. Daniels has since reneged on her statement and, of course, the NDA.
Dershowitz said on the Sean Hannity program on Fox News that Manhattan District Attorney Alvin Bragg is playing with fire.
[W]hen you’re a democratic elected prosecutor who ran on the campaign pledge of getting Trump and you’re going to indict, forget about the former president, the man who may become the future president if he beats the incumbent who is the head of your political party. Posecutor, you’d better have the strongest case imaginable, not a case that depends on stitching together two inapplicable statutes and using Michael Cohen.
Dershowitz has often said that a “first-year law student could win this case.”
The Harvard Law School professor emeritus told The Epoch Times, “In 60 years of practice, this is the worst case of prosecutorial abuse I have ever seen.”
(Excerpt) Read more at pjmedia.com ...
A beach house in Cabo and an unending supply of underage boys?
It’s true that Bragg can release the indictment, but he might not want the defense to get them yet.
There’s plenty other examples out there Alan. Try Mike Nifong against the Duke La Cross Team, January 6th victims, etc.
I just read that the Judge told Bragg to unseal it.
Trump wants to prevent Desantis from getting the nomination. I guess if Biden wins the D nomination there’s a chance DT could win this time, but that’s very unlikely imo. I don’t think DT’s ego can take losing to a younger competitor like Desantis - or “Desanctimonius” as he calls him.
Since she owes Trump money, Ole Miss M@@tH00ks is probably accepting donations of all kinds.
” I don’t think DT’s ego can take losing to a younger competitor like Desantis”
I hope Trump will want whoever can beat the democrat candidate even if it’s not him and is DeSantis. Maybe one or more of the other Republican wannabes will become contenders.
This is the naked last ditch desperation play from the deep state. We are in the end game in dismantling the cabal.
DT calls RD - “Resanctimonius”. What might be call the others? - </a>https://www.npr.org/2023/03/08/1160113954/2024-republican-presidential-candidates-who-is-running-tracker</a> ... Mike “Benedick-Arnold” Pence, Mike “Lardbutt” Pompeo, etc. Personally, DT is hard to take and getting harder.
Has Stormy Daniels™ done anything else for money?
Opinions from Dershowitz are unlike opinions from anyone else.
Many judges pray at night that they never have to face Dershowitz in appeals court.
misprision is generally when someone with a duty to report a felony fails in that duty and is charged for that failure
Can’t get at the DA or judge personally; they have pretty thorough immunity.>>>>>>>>>>>>>>>>>>>
I apologize for my tedious theory, but I have a law degree under the British system but I have done consulting work in the USA. As you know Tort under the British system is a matter of common law. In law school we unfortunately had to spend many hours reading the case development history of each and every tort and how it developed (groan) over time. So there are quite a few Torts that are rarely used. I do know that misprison of prosecution has not been codified under US statute, so the common law would likely apply.
When the US federal court system was created in the USA, much of the British body pf tort was simply rolled into the Federal Jurisdiction. Int his case it would achieve federal jurisdiction because it involves a federal election.
Misprison is a tort which bears moral turpitude, involving a breech of duty of an official who acts outside his authority to do an act or refuse to do an act concerning a matter of the administration of law.
IN this case we would have to show animus against Trump ( check) and an intentional act to prejudice a putative defendant ( such as withholding exculpatory evidence from the grand jury or from the defendent prior to trial.)
The idea is to sue Bragg in his personal capacity , not as DA. The argument would be that Bragg acted in a personal ( get Trump) politcal capacity. That puts Bragg outside of the ambit of his DA authority and outside of his statutory immunity.
Misprison is a tort which is rarely used because it is so rare that we would in a democratic system of government , see an elected official or a state act out of plain tyranny.
There are several forms of Misprison but all I can say is that this is an extraordinary circumstance which requires and extraordinary remedy. Thus case would involve “positive” misprison. I would urge the Trump legal team to look into it.
My apologies for wiping the cobwebs off this rarely used Tort. It smells like an old fart, but it may indeed be useful.
One more big black mark against affirmative action 'lawyers'...
Very good follow-up. Thanks. Extraordinary scenarios, for sure.
Makes perfect sense if the goal is to intimidate Trump so he will not run. Maybe Trump can have an accident—maybe shot when a gun goes off! No Trump, Democrat control for 100 years!
Years, they will let a few of the “right” Republicrats win to give the illusion of freedom—men like Pence or Mitens. RINOS all. Who will talk populist and vote Democrat as they pick up their fat checks. Goal spark a Civil War—Crush it—and install an iron tyranny that will make Putin blush. Then they get rich (the power class) and Red China can milk us dry of resources as we bicker about reparations, Transsexuals, and crime.
The thing is that the defense will have plenty of time to prepare in any case. In the meantime, the defense and the pundits are operating off assumptions from prior leaks. But those leaks are probably part of a plan. Maybe there’s a surprise angle which will knee them when it sees the light, knocking everyone off balance.
Cohen and Ms. Stormy are acting pretty cocky today.
I bet she would give a hell of a hand job for 50 bucks.
That's another reason to see the charges as soon as possible, and for Bragg not to do the defense any favors.
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