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April 05, 2023
Andrew McCarthy: This "Indictment" Does Not Even Contain an Actual IndictmentEven the National Review softcocks object to this latest brutalization of the law and our Democratic Norms by the party they softly support. What a disgrace. It's always possible to be surprised. The indictment brought by Manhattan's elected Democratic district attorney Alvin Bragg against Donald Trump is even worse than I'd imagined. Alvin Bragg commits an even greater abuse: He has indicted a man while refusing to say, 34 times out of 34, what crime the man is being indicted for. He's concealing this because, if he specified that he's attempting to enforce federal election law, the case would be dismissed instantly: A state prosecutor has no power to enforce federal law. (Not to mention, the FEC already looked at the Stormy Daniels payment and decided that no law had been violated, bringing up the doctrine of federal preemption: the state cannot rule in an area a competent federal body has already decided.) So instead of admitting what law he is pretending to be prosecuting, Alvin Bragg just says, literally, "the law doesn't require me to disclose what law I'm claiming was violated, so I'm not disclosing that." The worst due-process abuse of Bragg's indictment, however, is that . . . it's not an indictment. The Constitution's Fifth Amendment guarantees that Americans may not be accused of a serious crime -- essentially, a felony -- absent an indictment approved by a grand jury. The indictment has two purposes. First, it must put the defendant on notice of exactly what crime has been charged so that he may prepare his defense. Second, the indictment sets the parameters for the defendant's closely related right to double-jeopardy protection, also set forth in the Fifth Amendment. That is, by stating the crime charged, the indictment enables the defendant to claim a double-jeopardy violation if the prosecutor attempts to try him a second time on the same offense. In any conspiracy case, you are required to state what crime the conspirators conspired to perform. The law is just called "conspiracy," but it always requires the prosecutor to specify what crime is being conspired. You can't have a conspiracy to commit a legal act -- that's not a conspiracy, that's just an agreement. Or a business partnership. But Alvin Bragg, who sent out Day One memo instructing all prosecutors to no longer bring felony charges except for a handful of the crimes that make the covers of newspapers, but instead to charge them as mere misdemeanors (and plead down from there!), is now treating a misdemeanor (which Trump isn't even guilty of) as a felony by invoking a conspiracy to further a felony -- and then refusing to say what felony he's claiming was so furthered. Soviet criminal enforcement chief Lavrenty Beria infamously said, "Show me the man and I'll show you the crime." But Alvin Bragg is going his Communist Tyrant role-model one better: "Show me the man, and I won't show you the crime -- but I'll prosecute and persecute him anyway." The judge in this case knows this case needs to be dismissed. But he wants to inflict maximum damage on Trump and cause maximum turmoil in the party, so he scheduled the next hearing for December -- just a month before people start voting in the primaries in January. | Recent Comments
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