The underwhelming release of the indictment charges against former President Trump confirmed what many already knew without any new material being released. The indictment charges that Donald Trump falsified businesses records concern alleged hush payments to Stormy Daniels “with intent to defraud and intent to commit another crime” but never in the formal list of charges specifies exactly what that another crime is. Mr. Bragg would only say to the press that “[t]he evidence will show he did so to cover up crimes relating to the 2016 election.”
As repeatedly noted by the DC Enquirer, this is a rather weak case and at least one former assistant U.S. Attorney concurs with that saying that “the case should be dismissed.”
That former assistant U.S. Attorney is Andrew McCarthy and the circumstances which he uttered those words was in an interview on Fox News. The Trump War Room on Twitter tweeted the video segment of the exchange and quoted from McCarthy in their text. The tweet read “Former Assistant U.S. Attorney @AndrewCMcCarthy: “If the judge does his job right here, the case should be dismissed…I would dismiss it on its face because it fails to state a crime. Here, it fails to state a crime 34 times!”
Former Assistant U.S. Attorney @AndrewCMcCarthy: "If the judge does his job right here, the case should be dismissed…I would dismiss it on its face because it fails to state a crime. Here, it fails to state a crime 34 times!" pic.twitter.com/JVlUsX55JE
— Trump War Room (@TrumpWarRoom) April 4, 2023
The segment itself starts out with McCarthy confidently stating that “…if the judge does his job right here the case should be dismissed and it actually should be dismissed quickly…I think this is actually worse than what we anticipated because what we anticipated was that they were trying to bootstrap a misdemeanor, which by the way they would have a good deal of difficulty proving if it was just the misdemeanor. But they need to show he concealed another crime in supposedly falsifying the business records and what we thought up until now was that…he [Bragg] was going to use that as an avenue to enforce federal campaign finance law.”
McCarthy added that “Now may that is what he is planning to do but he has got to tell us what he is planning to do and more importantly he has got to tell Donald Trump. So I think this indictment, even before you get to the statute of limitations and whether he has got jurisdiction to enforce federal law, I would dismiss it on its face because it fails to state a crime. Here it fails to state a crime 34 times.”
Alan Dershowitz, another legal scholar, expressed concern over whether the judge will actually do this in an interview with Newsmax. He said that “He’s [the judge] not going to want people to point the finger at him and say, ‘That’s the judge that let Donald Trump go free'” and questioned whether a Manhattan jury would be impartial toward Trump given that ” the Manhattan people who will be on the jury voted for Bragg who promised them that he would get Trump.”
.@AlanDersh: "This judge is not going to want to be treated the way I've been treated. He's not going to want people to point the finger at him and say, 'That's the judge that let Donald Trump go free.'"
"He couldn't walk the streets of New York if that happened." pic.twitter.com/UJytbQAE3V
— NEWSMAX (@NEWSMAX) April 5, 2023
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