Prosecutor Alvin Bragg's case against Donald Trump is a 'historic mistake': New York Times guest essay

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Manhattan District Attorney Alvin Bragg's lawsuit against former President Trump is a “historic mistake,” a law professor argued in an opinion piece published Tuesday.

In a guest essay by The New York Times, Jed Handelsman Shugerman, a law professor at Boston University, argued that Bragg went too far in his attempts to try a federal election crime under state law. New York. He said the Manhattan district attorney's allegations against Trump were “vague” since the prosecution failed to specify “an election crime or valid theory of fraud.”

Trump faces 34 counts of falsifying business records in connection with alleged hush money payments made to pornographic actress Stormy Daniels before the 2016 election. The presumptive GOP presidential nominee returned to court Tuesday as the trial continues, Fox News Digital reported.

Former President Donald Trump speaks to a crowd during a campaign rally September 25, 2023 in Summerville, South Carolina. (Sean Rayford/Getty Images)

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Shugerman suggested that Bragg should instead center his argument on the idea that “it's not the crime; it's the cover-up” and pointed to allegedly falsified business records.

“Most of them were seized in early 2017, generally before Mr. Trump filed his Federal Election Commission report that summer. Mr. Trump may have planned an investigation into his campaign, leading to his financial records Mr. Trump may have falsely recorded this information “The internal records before the FEC filing were knowingly part of the same fraud: creating a consistent paper trail and hiding the intent to violate federal election laws or. to defraud the FEC,” Shugerman wrote.

However, the law professor noted Bragg's record and Monday's opening statements did not indicate prosecutors were following that approach. He also admitted that his own explanation could also pose “significant legal issues.”

Bragg's theory of election interference is “weak,” Shugerman wrote. “As a reality check, it is legal for a candidate to pay for a non-disclosure agreement.”

Manhattan District Attorney Alvin Bragg speaks during a news conference Thursday, March 7, 2024 in Manhattan, New York. (Barry Williams/New York Daily News/Tribune News Service via Getty Images)

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Shugerman also raised three issues with Bragg's effort to try a federal crime in state court. The first, he wrote, is that there has been no prior case where “a state prosecutor has relied on federal campaign law,” which he called an “overreach.” .

The second issue he raised was that prosecutors failed to cite court precedent regarding the criminal law in question.

“Mr. Trump's lawyers argued that New York law requires that the predicate (underlying) crime also be a New York crime, not a crime committed in another jurisdiction. The Manhattan District Attorney responded with judicial precedents only on other criminal statutes, and not on the statute in this case. Ultimately, they could not cite a single judicial interpretation of this particular statute to support their use of the. law,” Shugerman wrote.

The third problem was that the New York precedent did not allow for “an interpretation of defrauding the general public,” Shugerman wrote.

Former President Donald Trump attends the first day of his criminal trial, at Manhattan Criminal Court in New York, April 15, 2024. (Angela Weiss/AFP via AP Pool)

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Shugerman said it was reasonable to question whether the case against Trump was about “Manhattan politics” rather than New York law.

“This case remains an embarrassment when it comes to prosecutorial ethics and seemingly selective prosecutions,” Shugerman concluded, adding that Trump could win in appeals courts if convicted. “But if Monday’s opening is a taste of exaggerated allegations, imprecise legal theories and lingering unresolved issues, prosecutors may not get a conviction at all.”

Hanna Panreck is a deputy editor at Fox News.

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