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NY vs. Trump: A trial seeking an imaginary crime

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Manhattan District Attorney Alvin Bragg’s Theater of the Absurd entered its third week, nonetheless with none proof of crimes dedicated by the accused.  

Playwright Samuel Beckett can be proud. The Trump hush money trial is like “Waiting for Godot” —a chaotic and nonsensical plot of absurdist fiction. The titular Godot, in fact, by no means arrives. It’s an apt metaphor for Bragg’s case towards Donald Trump. Jurors could also be ready in useless for prison offenses that don’t really exist within the legislation.  

All of which makes it a trial seeking an imaginary crime.  

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However the District Legal professional appears completely unbothered that his fees are mutable, ill-defined, illusory, or simply plain absent.  As an alternative, he’s contrived a histrionic authorized fable meant to idiot the jury into considering that Trump ought to be convicted for assignations with nefarious folks like his ex-lawyer and convicted perjurer, Michael Cohen, in addition to erstwhile porn star, Stormy Daniels.  

Stormy Daniels stands in front of a pink background

Stormy Daniels (Phillip Faraone/Getty Photographs)

On Tuesday, one other phantasm of wrongdoing took heart stage when Cohen’s banker, Gary Farro, testified that his consumer appeared anxious to create a shell firm that was used to wire Daniels $130,000. However shell corporations are completely authorized, and there’s no proof in anyway that Trump even knew about it.  In keeping with final week’s essential witness, former National Enquirer publisher David Pecker, Cohen acted all on his personal with out his boss’ data.

Bragg’s courtroom smear marketing campaign towards Trump continued with prosecution witness Keith Davidson, the Los Angeles lawyer for Daniels and Playboy Playmate Karen McDougal, who purportedly had an affair with Trump. Davidson negotiated the so-called “hush money” funds for each his shoppers, which have been utterly lawful. Paying somebody for his or her silence in change for a non-disclosure settlement is just not a criminal offense. Certainly, it’s a staple of hundreds of settlement agreements signed daily. 

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As I famous in my last column, the DA’s inclusion of McDougal within the trial is gratuitous, irrelevant, and prejudicial. Why? As a result of Trump refused her calls for for cash in what smacks of extortion. He by no means doled out a penny. She’s named nowhere within the indictment, and Trump dedicated no crime in connection along with her. However that didn’t cease Bragg from introducing in any other case inadmissible proof to vilify the defendant.

Prosecutors additionally exploited the McDougal-Daniels imbroglio to backdoor a outstanding point out in courtroom of the notorious “Access Hollywood” tape that proved damaging to Trump simply weeks before the 2016 election. Such proof ought to by no means be permitted since its scant probative worth is materially outweighed by the prejudicial impact on the jury. Irrespective of. That’s precisely what Bragg desires.     

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The District Legal professional’s technique is to stain the defendant with salacious tales to create a misunderstanding within the minds of the jurors. In a traditional courtroom with a good choose, it could be excluded with out debate. However in Bragg’s Kabuki Theater all the things is allowed, and each prosecutorial deception is a Trump chimera. He have to be dangerous, don’t you understand, as a result of he fraternized with scandalous folks.    

Manhattan DA Alvin Bragg

Manhattan District Legal professional Alvin Bragg speaks throughout a information convention on Thursday, March 7, 2024, in Manhattan, New York. (Barry Williams/New York Day by day Information/Tribune Information Service by way of Getty Photographs)

It doesn’t matter to Bragg that Trump perpetrated not one of the crimes alleged throughout opening statements or that any responsible verdict will inevitably be overturned on enchantment. He doesn’t care concerning the harm his meritless case is doing to the authorized system. The DA’s goal is to sully the presumptive GOP nominee for president to unduly affect the upcoming election.  It’s a politically motivated prosecution and a disgraceful abuse of the rule of legislation.

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Any trustworthy, educated, and clever choose would have way back tossed the case. As an alternative, it was given to Juan Merchan. His conspicuous bias towards Trump is exceeded solely by his seeming incompetence.  

For proof, look no additional than his unconstitutional gag order prohibiting Trump from commenting about witnesses like Cohen and Daniels. They should not gagged and have been free to trash Trump publicly whereas profiting financially off the hatred they repeatedly spew. However Trump is gagged from responding to defend himself within the courtroom of public opinion as he runs for president.  

On the conclusion of a listening to on Tuesday, Merchan fined the defendant $9,000 for merely reposting feedback that different folks already mentioned or wrote publicly. It was the utmost quantity that might be levied underneath prison contempt legal guidelines and is mere “chump change” to a billionaire. However the choose then threatened to jail Trump if he violates the illegitimate gag order once more. That received’t occur, as a result of not even Merchan is that dumb. On second thought…   

Make no mistake, Merchan’s poorly worded, obscure, and semi-literate orders muffling Trump are a previous restraint on free speech that’s protected by the First Modification. There isn’t a exception within the Invoice of Rights for defendants in prison trials. However clueless judges like Merchan typically shred constitutional rights with lawless gag orders as a result of they’re conceited and imperious. They’re bullies who know that by the point there’s a profitable enchantment, the trial is over and the arguments are rendered moot. So, they get away with it, which solely emboldens them.

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It ought to be identified that Merchan is an “acting” choose, which is a felicitous description for a jurist who seems deeply unqualified to preside over the trial of a former president of the US.  Oh…and he simply occurs to be the identical choose who presided over two different Trump instances.  A coincidence?  Hardly. What are the chances? Frequent sense and the legislation of averages make it extremely inconceivable, since there are greater than 100 trial judges in New York Metropolis. 

Bragg went “judge shopping” and obtained what he wished.

A month in the past, I wrote that Merchan was required to recuse himself. His grownup daughter has an financial curiosity in her father’s case, which creates a disqualifying battle of curiosity for the choose.  As a political activist, her outstanding consulting agency reaped tens of millions of {dollars} via solicitation mailings that cited the Trump trial over which her dad presides.

Merchan’s recusal is necessary, not voluntary, underneath the New York Code of Guidelines & Laws, 22 NYCRR 100.3 (E).  Individually, even the looks of impropriety arising from a perceived battle is adequate for disqualification underneath the Guidelines of Judicial Conduct. But, Merchan ignored ethical rules and refused to step apart regardless of repeated petitions by the protection to take action. Even worse, the choose has gagged Trump from even mentioning his daughter and her monetary curiosity within the case.  

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The jurors might not comprehend it, however the repair is in. Trump is being prosecuted by an unscrupulous D.A. who campaigned on the promise to focus on the previous president.  The prosecutor is aided and abetted by a hopelessly biased choose who appears decided to assist engineer a conviction regardless of a paucity of crimes dedicated.  

Alvin Bragg’s Theater of the Absurd is an insult to the rules of justice that People maintain pricey.

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