OPINION: After Donald Trump's indictment wave goodbye to our justice system, say hello to this
to transform it into a felony by arguing that then-candidate Trump did it"with intent to defraud and intent to commit another crime."
But what crime exactly? And who was defrauded? Shockingly, the indictment doesn’t say. Trump and his lawyers are left to guess. This is a constitutional violation of the Sixth Amendment and Trump’s due process rights. It makes the charging document defective on its face and susceptible to a motion to dismiss the case. It is a fundamental tenet of law that a defendant is entitled to know the specific crime that he is accused of committing.
TRUMP PLEADS NOT GUILTY TO 34 FELONY COUNTS OF FALSIFYING BUSINESS RECORDS LINKED TO 2016 HUSH-MONEY PAYMENTSBut there’s more. Bereft of a quality case, Bragg resorted to a quantity indictment. It’s a tactic called"count stacking," a pejorative term. Ethical prosecutors refuse to do it. But Bragg has no such qualms. He pulled out his abacus and calculated each reimbursement to Trump’s then-lawyer, Michael Cohen, as separate crimes even though they arose out of a singular transaction.
In the same vein, Bragg’s case is still feeble no matter how he tries to saturate it with 34 redundant charges. It is anemic and flawed because it is not supported by the law. Non-disclosure payments have never been treated as election contributions, even if they might have an ancillary benefit to a campaign. This means Bragg invented a legal theory that does not exist. The
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