Tuesday, April 04, 2023

Paging Clara Peller

 ....to respond appropriately to DA Alvin Bragg's indictment of former President Trump:


How so?  Well, as expected, Mr. Bragg is mixing campaign finance law with falsifying business records law to overcome the fact that the statute of limitations expired years ago, and is doing so to prosecute actions taken after Trump was elected, and hence had nothing to do with campaign finance.

Suffice it to say that my view is that Bragg ought to be disbarred for this.  I am no fan of the former President's character, but what Bragg is doing is a grievous violation of many basic principles of the law.  Specifically; 

  • The law is supposed to be understandable by ordinary people.  It's called "perspicuity".  This principle is undermined by mixing federal and state law in a novel way.
  • Mixing federal and state law is a violation of the separation of powers.
  • The law is supposed to be applied consistently and fairly.  So unless Bragg has a list of prosecutions where he's punished everybody who quietly hid their payoffs to mistresses, he's running afoul of this.
  • To get to the crime Bragg suggests, you've got to have another crime--which Bragg never mentions in the indictment.  Read this excellent column from National Review on the matter.
And in the meantime, Bragg isn't prosecuting "little" crimes like armed robbery.   Justice for him would be being disbarred, and then being held up as he walks home from his disbarment.

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