Lawyers have been scouring the civil and criminal codes for any basis to sue or prosecute Trump before the upcoming 2024 election. This week will highlight the damage done to New York’s legal system because of this unhinged crusade. They’ve charged him with everything short of ripping a label off a mattress.
Bragg is bringing a case that has taken years to develop and millions of dollars in litigation cost for all parties. That is all over a crime from before the 2016 election that is a misdemeanor under state law that had already expired under the statute of limitations.
Like his predecessor, Bragg previously scoffed at the case. Then Bragg brought a Rube Goldberg case that is so convoluted and counterintuitive that even liberal legal analysts criticized it.
Trump paid Daniels to avoid any publicity over their brief alleged affair. As a celebrity, there was ample reason to want to keep the affair quiet, and that does not even include the fact that he is a married man.
It also occurred before the 2016 election and there was clearly a benefit to quash the scandal as a candidate. That political motivation is at the heart of this long-delayed case.
It is a repeat of the case involving former Democratic presidential candidate John Edwards. In 2012, the Justice Department used the same theory to charge the former Democratic presidential candidate after a disclosure that he not only had an affair with filmmaker Rielle Hunter but also hid the fact that he had a child by her. Edwards denied the affair, and money from donors was passed to Hunter to keep the matter quiet.
The Justice Department spent a huge amount on the case to show that the third-party payments were a circumvention of campaign finance laws. However, Edwards was ultimately found not guilty on one count while the jury deadlocked on the other five.
With Trump, the Justice Department declined a repeat of the Edwards debacle and did not bring any federal charge.
But Bragg then used the alleged federal crime to bootstrap a defunct misdemeanor charge into a felony in the current case. He is arguing that Trump intentionally lied when his former lawyer Michael Cohen listed the payments as retainer costs rather than a payment — to avoid reporting it as a campaign contribution to himself.
Thus, if he had simply had Cohen report the payment as “hush money,” there would be no crime.
So this is the case: A serial perjurer is being used to convert a dead state misdemeanor into a felony based on an alleged federal election crime that was rejected by the Justice Department.