Donald Trump prosecution appears fatally flawedLegal experts

Legal experts have expressed concerns about prosecutors' ability to convince a jury to convict Donald Trump in the Stormy Daniels trial.

Several experts have pointed out the lack of clear evidence that Trump was involved in election fraud.

Trump, the presumptive Republican presidential nominee, is the first former president in U.S. history to face trial in a criminal case. He has pleaded not guilty to 34 counts of falsifying business records to hide payments to adult film star Stormy Daniels and former Playboy model Karen McDougal.

The Manhattan District Attorney is seeking to prove that before the 2016 presidential election, Trump paid, or discussed paying, the two women not to reveal his alleged affairs with them, thereby influencing voters over to his character. He denies having had relationships with either woman.

Donald Trump is seen in Manhattan Criminal Court in New York on April 23, 2024. Legal experts have expressed concerns about prosecutors' ability to convince a jury to convict Trump in the Stormy Daniels case… Donald Trump is seen in Manhattan Criminal Court in New York. York, April 23, 2024. Legal experts have expressed concerns about prosecutors' ability to convince a jury to convict Trump in the Stormy Daniels trial. More from Brendan McDermid/Getty Images

Newsweek requested comment via email from Trump's attorney on Wednesday.

Jed Handelsman Shugerman, a law professor at Boston University, wrote in the New York Times on Tuesday that Manhattan District Attorney Alvin Bragg made a “historic mistake” in taking on the case.

Under the headline: “I thought Bragg v. Trump was a legal embarrassment. Now I think it's a historic mistake,” Handelsman Shugerman wrote, saying the case contained no clear examples of voter fraud .

“Their vague allegations of 'a criminal scheme to corrupt the 2016 presidential election' have me more concerned than ever about their unprecedented use of state law and their continued avoidance of specifying an election crime or theory valid fraud,” he wrote.

“As a reality check, it is legal for a candidate to pay for a nondisclosure agreement. Hush money is improper, but it is legal,” Handelsman Shugerman wrote. “Election law scholar Richard Hasen rightly observed: 'Calling this election interference actually devalues ​​the term and undermines the deadly serious charges in real cases of election interference.'”

This is a reference to an April 14 opinion piece in the Los Angeles Times written by Richard Hasen, a law professor at the University of California, Los Angeles, who wrote that the case demeans real cases of electoral interference.

“Although the New York case is framed as election interference, failure to report a campaign payment is a petty campaign finance offense,” Hasen wrote. “Any voters who look beneath the surface will certainly be disappointed. Calling this election interference actually cheapens the term and undermines the deadly and serious charges in true election interference cases.”

Greg Germain, a law professor at Syracuse University in New York, told Newsweek that Bragg's opening statement did not establish that what Trump did was illegal.

Germain said “the prosecutor never explained what law would make hush money payments to Stormy Daniels illegal.”

Newsweek requested comment via email Wednesday from Manhattan District Attorney Alvin Bragg's office.

Uncommon Knowledge

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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

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