No. of Recommendations: 11
You know better than this, or at least you should. No one has ever been charged with what they hit Trump with and the second it gets in front of a federal judge the whole thing will be thrown out.
Lots of people have been charged with the underlying law that Trump was charged with violating - falsifying business records. The specific legal arguments that the prosecutors made might have been novel, but the underlying factual predicate was not. Trump created or caused to be created a business record that contained false information. Whether a misdemeanor or a felony, barred by statute of limitations or not, the prosecution had evidence of an actual act committed by the accused that was criminalized under state law.
Which is why Trump wasn't able to get the charges thrown out before trial. And if he gets it thrown out by a federal judge, it will not be because the charges lacked an evidentiary predicate - it will be on one of the more novel points of law.
That is absent for Mayorkas. There's a reason why no one is suggesting that Pete Buttigieg can be indicted in North Dakota for possession of cocaine with intent to distribute - because it's not true. There are people who mistakenly believe that maladministration of federal immigration policy can be construed as "human trafficking" under a believe that he might have caused human trafficking to go up - but that's not how the criminal law works. Mayorkas didn't engage in human trafficking - as a factual matter, unlike Trump, there is not an underlying action that he took that has been made illegal by Texas law.
So, no - he's almost certainly not going to be prosecuted.
