Trump Trial Day 4: DA Bragg’s legal strategy is filth by association

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Two Trump cases converged in the U.S. Supreme Court on Thursday, when Justice Brett Kavanaugh asked a penetrating question. What’s to stop a “creative prosecutor” from using a “vague statute” to prosecute a president, especially, a prosecutor from the “opposing party”?

In the Age of Trump, the answer is nothing. That’s precisely what Manhattan District Attorney Alvin Bragg is doing to the former president in a New York courtroom. And Fulton County DA Fanni Willis in Georgia.  And special counsel Jack Smith in both Washington, D.C. and Florida. 

Kavanaugh’s query came during oral arguments over the issue of presidential immunity asserted by Trump in the January 6th case brought by Smith. But the capacious meaning was crystal clear. It was echoed by another Justice, Neil Gorsuch, who worried aloud about the use (or misuse) of “criminal law to target political opponents based on accusations about their motives.”


Of the four criminal indictments of Trump, the Bragg case is the most egregious example of this nightmare scenario. It is exactly what it appears to be: a politically motivated case conjured up by an unscrupulous prosecutor to fulfill a campaign promise to nail President

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