Posted on 04/01/2023 1:30:38 PM PDT by grundle
If Alvin Bragg is looking for a felony in the case he has brought against former President Donald Trump he may want to look in the mirror, in his office or at his grand jury.
Legal scholar and famed attorney Alan Dershowitz said, in an interview and in an op-ed, that whoever leaked the sealed indictment is the person guilty of the only felony, in his opinion, in this case.,
“It is likely that a serious felony has been committed right under District Attorney Alvin Bragg’s nose and he is not investigating it. Under New York law, it is a felony to leak confidential grand jury information, such as whether the jurors voted to indict. The protection of secrecy is as applicable to President Trump as it is to anyone else,” the attorney said in an op-ed for The New York Sun.
“We know that the information was disclosed while the indictment itself remains sealed and before any official announcement was made or charges brought. It is unlikely that the leak came from the Trump team, which seemed genuinely surprised,” he said.
“The most likely, though uncertain, scenario is that a person in Mr. Bragg’s office or a grand juror unlawfully leaked the sealed information. That would be a class E felony, subject to imprisonment.
“It is possible of course that an investigation is underway, but it seems more likely that Mr. Bragg is too busy making up a crime against the man he promised in his campaign to get than investigating a real crime that took place on his watch,” he said.
Dershowitz said that it appears Bragg’s theory is that the former president should have disclosed why he paid for a non-disclosure agreement to adult film star Stormy Daniels which would defeat the purpose to the non-disclosure agreement.
“Why would Mr. Trump pay the money in the first place if he had to publicly disclose the embarrassing reason? Furthermore, no one in history has ever been indicted for listing ‘legal expenses’ for setting a potentially embarrassing payment of hush money,” he said.
“Thus, even the misdemeanor allegation involving false entries is unprecedented and represents selective prosecution. It is also almost certainly barred by the two-year statute of limitations. In order to elevate this bookkeeping case into a felony, Mr. Bragg must also prove beyond a reasonable doubt that the reason Trump made the false entry — if he himself did it — was solely as a campaign contribution to help him win his election,” he said.
What that means is that even if only part of the reason he made the payment was to protect his family from scrutiny or to protect his business interests there is no crime.
And if someone in Bragg’s office, or Bragg himself leaked the indictment they could face as many as five years in prison.
“If somebody on the grand jury, prosecutor or grand juror, leaked the fact that there was a vote to indict, that is a one – five year class E felony under New York,” he said on Fox News.
“Bragg now has a prima facia case that a crime has been committed right in his building, but as far as I know he’s not investigating it” he said.
“We don’t know who did the leak. It is conceivable it could have been done by somebody in the Trump administration but I doubt it because they seem to have been taken by great surprise so the most likely source of the leak is someone from within Bragg’s office or within the grand jury. That’s where the focus ought to be,” he said.
Prior to the indictment being leaked Dershowitz said that he believed Bragg could be disbarred for his case against Trump.
He appeared on the Fox News show “Sunday Morning Futures” with host Maria Bartiromo when he said that having Michael Cohen as a witness could damage the district attorney, Mediaite reported.
“I don’t think an indictment can actually come forward now after the comments made by [Robert] Costello,” the attorney said.
He said that “he has proved that the main witness is going to be a perjuring liar on the witness stand, and that puts the district attorney in a terrible position.”
“If he uses Cohen as a witness, he could actually lose his bar license. It’s unethical to put a witness on the stand who you know is lying, and he has to know that Cohen will be lying. Or he tries the case without Cohen, which would be very difficult, or he does the right thing: he drops the case,” he said.
I suggest he be HANGED. Then again there is a word that starts with the letter “L” that would be appropriate if applied to most Democrats.
I am not so sure that Bragg’s wife is not involved.
Long have I suspected that the american politicians, judiciary and the bureaucratic state were purchased and owned by the mexican drug cartels. China watched how that happened and simply replicated the process. So we’re being picked apart by vultures. When death occurred is anyone’s guess. Slowly but with great certainty americans begin to feel the heat of the boiling water. Stirring, there’s no signs of awakening yet.
Nope.
In a law-abiding USA, this makes perfect sense…
However, we no longer have a law-abiding USA. Our government and justice system has been THOROUGHLY corrupted.
But never will!
Our tax funds at work......spit
Bragg isn’t interested in prosecuting real crimes, only political ones.
Why hasn’t some real NY lawyer filed ethics charges on him and petitioned to get him disbarred? Or is that only Conservative Lawyers that can be disbarred?
Before an investigation or a prosecution, party affiliation must be established for the subject.
Republican, full steam ahead.
Democrat, we’re done . . .
You need to do some reading about Dershowitz before you embarrass yourself. Alan Dershowits is not on "our side" now. He is on the side of the Constitution.
Re your claim that his batting average is zero makes me wonder if you're a liberal.
You got it!
Jordan should drill him on this.
Song....
Dream (1945 hit)
Dream, when you’re feelin’ blue
dream, that’s the thing to do.
Things never are as bad as they seem
So dream, dream, dream.
Those ragheaded 9-11 jackwagons smacked the wrong f’n buildings.
I’m less concerned about leaking grand jury info than I am about every berserker and miscreant this man Bragg is permitting to run free. While he grandstands on this nonsense. He is a complete disgrace.
What is the difference between a “famed attorney” and just an “attorney”?
Well, Dershowitz got Von Bulow off, that made him pretty famous.
Good, let’s do it.
Let’s create a precedent.
I’m waiting for Dershowitz to get so pissed off that he volunteers to join the Trump defense team. He has been very vocal and he truly loves the law. If he were to join the defense that would be like dropping a nuke on the left.
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