Details of Thursday’s indictment remain secret. Critics believe Manhattan District Attorney Alvin Bragg is reviving a dormant “zombie case” that has been sitting in his office for years. The indictment case of Donald Trump in connection with a $130,000 hush money payment to porn star Stormy Daniels has renewed doubts. Which is about whether Manhattan District Alvin Bragg selected the right case to pursue the former president.
While the specifics of Thursday’s indictment are unknown. Detractors believe Bragg is resurrecting a dormant “zombie case” that has been sitting in his office for years. They claim it is based on an untested legal theory and the evidence of Trump’s former attorney and fixer. Michael Cohen, who was imprisoned for tax evasion, lying to Congress, and campaign finance violations related to the payout.
The criticism of the Manhattan DA’s decision hasn’t just been from Trump supporters. After the indictment was disclosed, the Washington Post published an editorial calling the choice a poor first case for prosecuting a former president.
Charges against Trump
Bragg has not yet made them public. Cohen, on the other hand, claims Trump authorised the hush money and reimbursed him through his business, which falsely recorded the checks as legal fees. Falsifying documents would be a criminal misdemeanour. Prosecutors would have to show that the record falsification was done to conduct or conceal a second crime in order to elevate those claims to a felony. Bragg may claim that the crime was committed in order to assist Trump’s candidature in the final days of the 2016 presidential election.
Bragg’s case
The state of New York and the federal government each have their own campaign finance rules. And Bragg is a state prosecutor who enforces New York law. If he claims Trump falsified records to conceal a violation of federal election law. That would be a novel legal argument. If the judges reject Bragg’s argument, Trump will face only misdemeanour charges. Mark Pomerantz, a special assistant district attorney who resigned in 2022 due to Bragg’s handling of the Trump investigation. And described it as a “gnarly legal question.” Although the Justice Department has determined that a sitting president cannot be charged with a federal crime. While federal prosecutors who investigated the payments never filed a case against Trump.
Potential cases against Trump
Critics of Bragg argue that charging Trump with a hush-money payment before he even took office is a poor option. And for a first-ever indictment of a former president, given the possibility of more serious charges in Georgia and Washington, D.C.
Two federal criminal investigations are being led by Jack Smith, a special counsel designated by US Attorney General Merrick Garland. One is looking into Trump and his allies’ efforts to sabotage the outcomes of the 2020 presidential election. The other is an investigation into whether Trump and others mishandled classified information. After he departed the White House or attempted to obstruct the US investigation. In Atlanta, Fulton County District Attorney Fani Willis is looking into whether Trump and his associates broke the law by attempting to overturn the 2020 election outcomes.