© Brendan McDermid/ReutersNew York County District Attorney Alvin Bragg
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.
Bragg's indictment fails to state a crime. Not once . . . but 34 times. On that ground alone, the case should be dismissed — before one ever gets to the facts that the statute of limitations has lapsed and that
Bragg has no jurisdiction to enforce federal law (if that's what he's trying to do, which remains murky).
Bragg's indictment charges 34 counts,
just as we said it would, based on media reporting that clearly came from
illegal leaks of grand-jury information — a crime, you can be sure, that goes in the overflowing bucket of serious offenses that Bragg refuses to prosecute.
The 34 counts are arrived at by taking what is
a single course of conduct and absurdly slicing it into parts, each one of which is charged as a separate felony carrying its own potential four-year prison term.Trump reimbursed Michael Cohen in monthly installments during 2017 for the $130,000 paid to porn star Stormy Daniels right before the 2016 election for her silence about an alleged affair. That, in reality, is a single transaction: Trump paying back a debt to Cohen. Yet, because Trump paid in installments and each installment includes an invoice from Cohen, a bookkeeping entry by the Trump Organization, and a payment to Cohen by check,
Bragg not only charges each monthly installment separately; he subdivides the installments into installments (as if the invoice, book entry, and check were independent criminal events).
Voilà, one transaction becomes 34 felonies!
Comment: See also: Syria, Yemen, Saudi Arabia, Turkiye: Truces, not peace