The Trump Indictment: A Disaster for the Rule of Law

Strategic Insights -

The 34-count indictment of Donald Trump has been widely criticized as a legal embarrassment, revealing new layers of damage to the legal foundations of the United States. The case appears weak on its legal and jurisdictional basis, raising concerns about the erosion of legal norms and the potential for a long and protracted trial. The indictment's lack of clarity on the core crime and its reliance on a partial notice system has sparked accusations that the prosecution is politically motivated.

Key Takeaways:

  • The indictment contains 34 half-counts, with the core crime remaining unclear, sparking concerns about the prosecution's theory and the potential for a trial that could last years.
  • The case appears to be weak on its legal and jurisdictional basis, raising concerns about the erosion of legal norms and the potential for a long and protracted trial.
  • The indictment's lack of clarity on the core crime and its reliance on a partial notice system has sparked accusations that the prosecution is politically motivated.
  • The Federal Election Campaign Act contains a broad pre-emption clause, which confirms that cases about federal campaign filings are for federal courts only, not for states.
  • Federal pre-emption applies most strongly when the subject is the candidate's own campaign conduct and relates to core issues like filing rules.
  • The case may be headed to federal court for a year, where it could lose on the grounds of federal pre-emption, potentially resulting in a trial that is years overdue.

Statistics:

  • 34-count indictment
  • 6 years since the payments at issue were made
  • 5 years since the basic facts have been public
  • 1 year in which Mr. Bragg's predecessor, Cyrus Vance Jr., had to bring the case after Mr. Trump left office
  • Unclear whether a court has ever allowed a false-filing conviction based on an entirely internal business record

Sources:

  • The New York Times, "Alvin Bragg Can't Even Get an Indictment Right" by Jed Handelsman Shugerman
  • Federal Election Campaign Act
  • New York State law on filing requirements and the expenditure, contribution, and receipt limits