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Bragg continues to bend the law to punish Trump

Bragg continues to bend the law to punish Trump

There is a widely held belief that the campaign finance or “hush money” case brought against President Trump by Manhattan prosecutor Alvin Bragg was an exercise in political lawfare.  That opinion does not just come from Team Trump.  Pennsylvania Democrat Senator John Fetterman expressed that opinion to the ladies on ABC’s “The View.”  Legal experts, such as CNN’s Elie Honig, have seen Bragg’s methods as unprecedented. Others have called it “prosecutorial abuse.”  That is also the opinion of most Americans, according to polls.

Perhaps it would be useful to go over the reasons for those assessments.  The charge against Trump is seen by many as the most politically motivated of the court cases he has faced in recent years.

Normally, these types of cases are usually settled by the Federal Election Commission (FEC) – resulting in exoneration or a relatively small fine. The agency chose not to pursue the case.  Nor did prosecutors prior to Bragg.  In fact, the statute of limitations had run out.  End of case.   Right?  Au contraire.

Bragg engaged in prosecutorial contortionism to bring the case back from the dead.  To slip passed the statute of limitations, he used an obscure procedure.  He connected the initial charge to an unspecified felony – which he did not reveal until the case was turned over to the jury. 

Bragg further sensationalized the case by taking essentially one charge and breaking it into 34 felony counts – using each check as a separate count.  And Bragg understood that getting an indictment is a no-brainer.  The system is mocked by the common belief that a prosecutor can get an indictment of a ham sandwich.  Bragg also knew that the New York City jury pool would be composed of people adverse to Trump politically.  As it turned out, there were only 2 Republican voters on the panel – and even that does not mean they were Trump voters.

Bragg has never been considered to have had a good case.  The fact that he jumped the line ahead of other cases proceeding against Trump turned out to be a possible benefit to the former President.  Considered the weakest and most political of the cases, it gave credibility to Trump’s claim of being subjected to political prosecution.  It may explain why each time Trump got bad news from Democrat prosecutors, his polling numbers improved.

So … why write about this case up now?  Because Bragg is again using unusual methods to make his controversial conviction against Trump stick – at least to some degree. 

Bragg is asking Judge Juan Merchan not to dismiss the case but to just end the case.   What?  Bragg is suggesting that Merchan end the case without sentencing Trump – avoiding punishment of any kind – but retaining the conviction for the record as a means of avoiding a prolonged legal fight.  It would put the case in some form of permanent state of legal suspended animation.  It would suspend all further actions, including any appeal by the Trump team.  The latter is significant since many legal experts believe the appeal would be successful – which would end the case in Trump’s favor by wiping out those 34 felony convictions.

In Bragg’s 82-page filing, he argued (emphasis added):

“As applied here, this Court could similarly terminate the criminal proceeding by placing a notation in the record that the jury verdict removed the presumption of innocence; that defendant was never sentenced; and that his conviction was neither affirmed nor reversed on appeal because of presidential immunity.”

In other words, Trump would have a felony conviction on the record even though it was neither affirmed nor reversed because he was never sentenced.  As an alternative, Bragg was willing to allow the sentencing to be deferred until Trump leaves office in 2029.  However, that would allow the appeal to move forward – and possibly result in a dismissal.

To get an idea of just how desperate Bragg is to make his controversial conviction stick, he is proposing a legal maneuver that is normally reserved for cases … (you ready for this?) …    where the defendant has died.  Read that again.  Bragg wants to the judge to rule as if Trump were dead. 

Is it any wonder why voters have either ignored these cases – or see them as politically motivated lawfare?  If only Bragg showed the same zeal and creativity in prosecuting the dangerous criminals who are ravaging the streets of Manhattan.

So, there ‘tis.

About The Author

Larry Horist

So, there ‘tis… The opinions, perspectives and analyses of businessman, conservative writer and political strategist Larry Horist. Larry has an extensive background in economics and public policy. For more than 40 years, he ran his own Chicago based consulting firm. His clients included such conservative icons as Steve Forbes and Milton Friedman. He has served as a consultant to the Nixon White House and travelled the country as a spokesman for President Reagan’s economic reforms. Larry professional emphasis has been on civil rights and education. He was consultant to both the Chicago and the Detroit boards of education, the Educational Choice Foundation, the Chicago Teachers Academy and the Chicago Academy for the Performing Arts. Larry has testified as an expert witness before numerous legislative bodies, including the U. S. Congress, and has lectured at colleges and universities, including Harvard, Northwestern and DePaul. He served as Executive Director of the City Club of Chicago, where he led a successful two-year campaign to save the historic Chicago Theatre from the wrecking ball. Larry has been a guest on hundreds of public affairs talk shows, and hosted his own program, “Chicago In Sight,” on WIND radio. An award-winning debater, his insightful and sometimes controversial commentaries have appeared on the editorial pages of newspapers across the nation. He is praised by audiences for his style, substance and sense of humor. Larry retired from his consulting business to devote his time to writing. His books include a humorous look at collecting, “The Acrapulators’ Guide”, and a more serious history of the Democratic Party’s role in de facto institutional racism, “Who Put Blacks in That PLACE? -- The Long Sad History of the Democratic Party’s Oppression of Black Americans ... to This Day”. Larry currently lives in Boca Raton, Florida.

18 Comments

  1. FRANK DANGER

    All he did was put a delay in while the Felon King is on the throne.

    Whose knickers are knotted now?

    Good to be King. Better to be Felon King. That way when he is criminal, it’s not a surprise. Sexual Abuser payments are still in the offing. Defamation too.

    For strong, brave, self-reliant, people of personal responsibility, you seem very afraid of being in court. Wonder why? I know, it’s our fault you can’t stand up for yourself and your story in court. We did it? Broke the law by using the law to indict you, try you, convict you, and you sure as shit don’t want more of that.

    You can’t handle the truth in the courtroom.

    Reply
    • Larry Horist

      Frank Danger… For a guy who admitted on PBP that you committed serious felonies as a drug dealer, you are sure pompous and hypocritical in your judgement of others. In fact, your self admitted felonies are more serious than Trump’s — if his even hold up on appeal. His were victimless. Yours not so much. Obviously YOU could not handle the truth in a courtroom since you dodged that bullet as you so smugly stated.

      And who is the “you” to whom you refer in you comment? Are you saying that I am afraid to appear in court?? I can’t stand up for my self and my story in court. lol. Not afraid at all. I would not even accept a pardon if Biden put me on the list. LOL You comment makes no sense. I am not in court and do not expect to be. You back to drinking … off our meds? You are not making any sense with this bit of irrational ankle biting.

      Reply
      • FRANK DANGER

        I was never arrested, indicted, or convicted so you are legally, totally wrong. Trump is a convicted felon, awaiting sentencing I am a free man. You elected a felon who wants to use the Presidency to avoid court, delay cases and convictions, and use you for his personal gain from election. Think that’s good, wait to you see what his mysterious loan shark creepy Florida investors get from the deal.

        You are afraid to see Trump in court; Trump is terrified of court, he loses a lot, good reason.

        How do you know I created victims by selling what is legal to sell today. Did you survey them? Did you read my mind? How does that logic work? And your concept of the imaginary me being in an imaginary court and being afraid over something that will never happen. NBL. Normal fear, but nothing exceptional. Chances are that statute of limitations takes affect.

        But people like you is why I do not mention this stuff outside of an anonymous rag comment area. Some folks have no compassion at all and take advantage of the stupidest things to try to make their point. Hey, I have sped and run some lights and stop signs too. Oh my. And I build things without a permit. Oh no. Like I say: if they break the law, lock them up, throw the book at them, myself included. Good luck. Statute of limitations and all that.

        In your obsession to win by beating me up and making me lose is weak tea. You fucking lobbied for the tobacco industry, how many victims do you have? You worked for Nixon, how many victims there beyond the Constitution? It’s a foolish concept that only you would engage in.

        And yes, it was my business to deal pleasure to people, all adults, none of who were harmed, as you fantasize about. Twas their choice to buy, use, and enjoy. Hey, I have grown a few pounds too. Only all white up tight Trumplicants from the extreme right condemn pot smokers. Keep the imaginary Danger feeds going. Makes me laugh. Like I said, you were born old and only have gotten older in your outlook and many ideas.

        Henry, keep your brakes on for this corner if you please.

        Reply
        • Larry Horist

          Frank Danger…. You’re sounding a bit unhinged. Why the undies in a bunch? I never said you are a CONVICTED felon. I just responded to the fact that you admitted — or bragged about — your having been a drug dealer in the days it was a major felony. Drug DEALING is not considered a victimless crime. Even today, illegal drug dealing is a serious crime. I never said you are vulnerable for arrest for what you did back then… but still was a felonious act. The fact you got away with it does not mean you did not commit a felony. You admitted that much. I am only responding to what YOU publicly bragging about it. You were dealing in pleasure? LOL. That paragraph sounds like a Mafia hit man saying he was a population control agent….LOL And as for the rest of your ramble …. irrational nonsense. You write “Like I said, you were born old and only have gotten older in your outlook and many ideas.” That is an attempted insult that does not even make sense. And in your defense of drug dealing you confess to being a reckless driver — intentionally breaking traffic laws. And willfully disregarding zoning and constriction laws. So, you break laws whenever you decide. Well …. enough about your criminal past … unless you wish to confess more.

          Reply
      • FRANK DANGER

        You are correct, Trump’s 34 felony charges warrant up to 4 years in jail. His CFO, of his company, who took the fall for Trump, got five months under a plea deal after he lied to protect Trump. He had previously been in jail before for similar actions. He got 100 days for that one.

        Funny you call me out given Trump’s felonies added to all the people around him convicted and sent to prison. Cohen, Flynn, Manafort, Stone, not to mention Rudy, his entire 2020 legal team blah de blah….

        So you dun me for doing something illegal, but overlook Trump’s crimes not to mention all the criminals he surrounds himself with because he hires so well.

        FUCK —- you do know Mush is a druggee, right? He does chemical shit like K that I would never touch, would always say —- don’t do chems for fun. Bad idea all around.

        As for me, you are right, distribution can call for 5 years given a 1970 law. However, the chance of that was slim. Never more than a z and the chance of you catching me for distribution is slim, on the facts. I sold only to friends, never more than a z on me, you would never find the stash, so gooood luck. Apparently, it was hard to catch me.

        ” Obviously YOU could not handle the truth in a courtroom since you dodged that bullet.” Yeah, that’s solid logic for sure. You were never there, therefore you cannot….. Weird logic. Old.

        As, as you know, Larry, I do not drink, have not since the days of selling pot. And I was never big time, that’s your imagination again. I did sell a good amount, but never big time. Big time sells to other dealers; I did not.

        You really don’t get it, have a weak grasp of this world, entered the 60’s and 70’s as if you were still in the 50’s. Like I said, born with old ideas.

        Reply
    • Steven Parker

      This Country doesn’t have a King anymore. Obummer was the last.

      Reply
  2. Steven Parker

    What a waist of tax payers money. Bragg should be prosecuted for this .

    Reply
  3. Americafirst

    TDS: alive and well on PBP

    Reply
  4. FRANK DANGER

    TDS: you mean he’s not a felon, duly elected in a court of law by a jury of his su-peer-iors? Evidence that could not be refuted. Testimony that could not be denied?

    Who’s deranged now? Check with the Marine’s at Gitmo. Or maybe wait for the signal.

    And now we enter the Mump Regime. Mump for Mush and Trump. With Musk in the lead as it should be. And Regime because these fools can administer nothing. As the first Mush spending bill proves. Oh my Elon, all you need is to count before you ask for a vote. You know, 1 + 1 for yes and no. But you are now being led by Mush. Trump is in the shotgun seat for now.

    The Mump Regime: two years.

    Reply
    • Americafirst

      Just because there are court papers saying Trump is a felon, just because others say Trump is a felon does not make Trump a felon. He isn’t. HE definitely was framed. Nearly every single lawsuit or prosecution against Trump has been found not true. Frank, you are more a felon than Trump ever even thought about. I predicted that a long time ago, remember what I said to you? I called you a criminal then and you just told the truth on yourself. Statute of Limitations is nothing now, as Trump was convicted twice – out of limitation. Trump raped no one. All was formed to “get Trump” by the Deep State. Your TDS is sickening. A criminal calling a criminal, well, criminal. I hate to see anyone convicted and am glad you didn’t get arrested, but, come on. Wake up. You harp about Trump to death! Your ten gallon hat is getting way too tight!

      Reply
      • Frank danger

        AF: is anyone a felon?

        If you believe in the rule of law, if you believe in the power of the court, to determine the truth via evidence and testimony supported by our ad the serial process, if you believe in the constitution in America, and if you believe in the dictionary as Defining what words mean, then by every measure known to man, Trump is a felon.

        Reply
        • Americafirst

          I do NOT believe in our corrupt courts, Judges. Attorneys, Lawyers. Attorneys General, etc. Today’s judicial system is more than corrupt. They fit all of laws to their own kind of laws to get their way, period. Trump IS NOT a felon. He just isn’t. He is working in a divine way, not a corrupt way. HE is a direct bloodline of Jesus. The military groomed Trump for POTUS many years before 2015/2016. If you say Trump is corrupt and guilty of everything, then the military is, too. He did what they wanted him to do and that is to save all of us from the Deep State, which I now feel you are also Deep State, though I can’t prove that I only FEEL it in my gut which my feeling about that stems from all of your own words in all of your posts. Trump is an extremely kind man which you are not. So many Trump haters that have gone to MAL, come out with a totally different perspective of him. Those haters were just like you!

          Reply
        • Larry Horist

          Frank Danger … Based on you bragging about being a drug dealer in the days when that was a major felony — and you bragging about recklessly disregarding driving safety laws — you have no credibility on the issue of rule-of-law. You seem personally contemptuous of it by your own admissions.

          Reply
          • FRANK DANGER

            One more time as the junk yard dog just can’t let this bone go.

            I did not brag. Admitted, yes. You brag that my matter-of-fact statement is braggadocio, your claim to fame.

            I sold some pot, a lot of pot. To my friends. So, dealer — sure, if that’s what you like.

            It was never a major felony for me Larry, never held a large amount.

            You never went over the speed limit, run a red light, stop sign? Out here in the boonies, many a stop sign is optional for many. Didn’t even have a lot when I moved here so maybe the freeway was grandfathered…..

            Trump’s crimes victimless? Ask Hillary if she felt victimized with her emails release and Trump using catch n kill to hide his truth. Ask the voters who are victims of his catch and kill. Ask the taxpayers he shorted if they feel victimized. Or the borrowers who couldn’t get loans because Trump got his illegally. Good try to lay the blame for drug victims on me, the small fry local guy. Mafia hit man, that’s rich. Good stretch.

            OK — let me go slow. I firmly believe in the rule of law. I always say catch em, throw the book at them, that’s what it is for. Whenever I transgress on the law, I do so with full understand that I will do the time for doing the crime, according to the law. Your guy just buys his way out via delays. And you love his policies….. But Larry, I believe in the rule of law for all, even me.

            Recklessly disregarding driving safety laws. Recklessly? Nah, totally purposeful. I even broke the law to drive on the Grand Pre track at Watkins Glen. Trespassed a lot in MD and WV to go quarry swimming. And purchased and drank beer at age 13. Once I snuck into the President’s box at the Kennedy Center and I have smoked pot in the Capitol and the White House, while a Republican was there.

            I am glad you have never transgressed upon the law and have the ultimate credibility on the subject therefor. Of course, that makes you a liar or extremely boring life. Of course, while you believe little of what I say re: the issues, even with competent sources, these stories you eat up lock, stock and barrel.

            Now, if you want to judge me as evil for selling something that is legal today, should have been legal but 1980 except for prudes like you, so be it. But to be a felon, one must be adjudicated as such in a court of law. Trump is a felon. You ALLEGE that I am. Trump is convicted. I am not. This may be new to the likes of you, innocent until proven guilty and that ain’t fuckin happening here wise guy.

            Do as I say, not as I do. King James version of the good book.

          • Larry Horist

            Frank .Danger … Save your whiny defense for someone else. I never said you were a convicted Felon. I never even alleged that you committed serious felonies — or accused you.. I just responded to what you said and admitted to. I know someone who did exactly what you said you did, probably about the time you did your drug deals — and he spent time in the slammer. I venture no opinions or judgment of your actions … just noting what you confessed to. Why did you gratuitously admit it publicly if you were not bragging? You even emphasis that you sold “a lot of pot.” And you did so for profit — as you also admitted. Sounds like you are into major dealing from what YOU say.

  5. Americafirst

    Evidence CAN be refuted. I see you are now referring to Trump as Mump and Musk as Mush. I want everyone that posts on here to refer to Frank Stetson or Frank Danger, or Stranger Danger as “Frank the Prank”!

    Reply
    • Frank danger

      The time for Trump to refute evidence is over. The case is over. The decision is Trump is a felon.

      I described why I use the title the Mump Regime. Please revise you have it wrong.

      I spell my name: danger. And frankly, my dear. I could care less what Mickey Mouse names you come up with.

      Reply
      • Americafirst

        My Mickey Mouse names? Look at your posts today and the stupid names you call others! Touche’! What a giant laugh you have turned out to be! What a joke you are, Frank the Prank!

        Reply

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