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Much ink has already been spilt connected the egregious heap of owed process violations Manhattan District Attorney Alvin Bragg has piled up successful his prosecution of former President Donald Trump.
There is the information that helium is amended understood arsenic an elected progressive Democrat who won bureau successful the Big Blue Apple by vowing to leverage his powerfulness against the Democrats’ arch nemesis, not arsenic a bully religion law-enforcement authoritative who takes earnestly the work to guarantee adjacent extortion of the laws to each Americans.
There is his invocation of trivial business-records misdemeanors against a partisan foe astatine the aforesaid clip helium is refusing to enforce felony offenses against hardened criminals who prey connected New Yorkers.
There are the legalistic gymnastics by which helium is brazenly trying to decision statutes of limitations enacted to support an accused from defending against stale charges.
WHO IS ALVIN BRAGG? WHAT TO KNOW ABOUT THE MANHATTAN DA
There is his evident effort to transmogrify misdemeanors into felonies by alleging a national run concern usurpation that helium has nary jurisdiction to enforce, and that the national prosecutors and regulators who bash person jurisdiction declined to prosecute owed to deficiency of evidence.
But let’s hone successful connected recently emerging prosecutorial misconduct.
If reporting is close – and enactment that the reporting is based connected accusation from Trump lawyers aft Bragg’s bureau advised them of the indictment – past the territory lawyer has charged a whopping 34 counts against Trump. Thirty-four counts … successful a case, again, that national prosecutors decided wasn’t worthy charging astatine all.

Several members of the NYPD participate Trump Tower connected Friday, March 31, 2023, successful New York. Former President Donald Trump was indicted by a Manhattan expansive jury, Thursday, a historical reckoning aft years of investigations into his personal, governmental and concern dealings and an abrupt jolt to his bid to retake the White House. (AP Photo/Bryan Woolston)
This is simply a classical maltreatment of power. Unscrupulous prosecutors volition sometimes camouflage with quantity their case’s deficiency of quality.
When superior crimes person been committed, prosecutors bash not request to tally up the people with a precocious fig of counts. A azygous charge, oregon a fistful of them, provides the tribunal with much than capable years of sentencing exposure. Once convicted, a superior transgression successful that benignant of lawsuit volition beryllium incarceration for a precise agelong clip – adjacent for life.
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By contrast, if prosecutors bash not person grounds of a superior crime, by loading up an indictment with dozens of charges, they tin effort to awesome to the eventual proceedings assemblage that the suspect indispensable beryllium blameworthy of something. They anticipation the jurors volition presume that, adjacent if the grounds doesn’t look strong, the authorities wouldn’t person alleged truthful galore crimes unless the suspect was a genuinely diabolical criminal.
This is simply a important capable owed process maltreatment that, successful national law, the Justice Department has guidance directing prosecutors not to prosecute successful it:
In bid to beforehand the just medication of justice, arsenic good arsenic the cognition of justice, each United States Attorneys should complaint successful indictments and informations arsenic fewer abstracted counts arsenic are reasonably indispensable to prosecute afloat and successfully and to supply for a just condemnation connected conviction. To the grade reasonable, indictments and informations should beryllium constricted to 15 counts oregon less, truthful agelong arsenic specified a regulation does not jeopardize palmy prosecution oregon preclude a condemnation due to the quality and grade of the offenses involved.
If Alan Bragg is indicting 34 counts implicit this nonsense, it’s due to the fact that helium doesn’t person 1 number helium would beryllium indicting if helium were doing his occupation right.
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Andrew C. McCarthy is simply a elder chap astatine the National Review Institute and a contributing exertion of National Review. Follow him connected Twitter @andrewcmccarthy