Replies

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.