Subject: Re: 34 Felony Counts
Andy McCarthy has an analysis piece up:


https://www.nationalreview.com...
The worst due-process abuse of Bragg's indictment, however, is that . . . it's not an indictment. The Constitution's Fifth Amendment guarantees that Americans may not be accused of a serious crime ' essentially, a felony ' absent an indictment approved by a grand jury. The indictment has two purposes. First, it must put the defendant on notice of exactly what crime has been charged so that he may prepare his defense. Second, the indictment sets the parameters for the defendant's closely related right to double-jeopardy protection, also set forth in the Fifth Amendment. That is, by stating the crime charged, the indictment enables the defendant to claim a double-jeopardy violation if the prosecutor attempts to try him a second time on the same offense.

Here, the indictment fails to say what the crime is. Bragg says he is charging Trump with felony falsification of records, under Section 175.10 of New York's penal code. To establish that offense, Bragg must prove beyond a reasonable doubt that Trump caused a false entry to be made in his business records, and did so with an intent to defraud that specifically included trying to 'commit another crime or aid or conceal the commission' of that other crime.

Andy also points out that the second Bragg tries to claim that Trump violated federal election law this case will be throw out. Why? Federal primacy. The FEC ruled there was no crime here and Bragg has no jurisdiction to prosecute a federal case. For those who'd like to argue that Trump violated state election law, that doesn't fly either: He was on a federal ballot. Federal election laws take precedence.

Moreover, the document Bragg has the temerity to label his 'statement of facts,' filed with the court in tandem with the no-notice indictment, is itself a work of fiction. He alleges that Trump falsified his records to conceal 'damaging information from the voting public during the 2016 presidential election.' But every one of the 34 acts that Bragg charges as felonies happened after the 2016 election ' from February through December 2017.

This isn't a prosecution. It's a political move designed to make Trump a martyr, get him more media oxygen, and suffocate the rest of the field during primary season. The theory being that Trump, no matter his strengths among Republicans, is a turnout machine...for democrats. Darned right they want him on the ballot.

Unfortunately for the nation, the democrats have crossed a Rubicon. What's stopping some red state DA from arresting Mayorkas the second he sets foot there?