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Whatever the jury decides in former President Donald Trump’s New York City felony bookkeeping trial, any pretense that Manhattan District Attorney Alvin Bragg’s prosecution was not entirely political died Tuesday when President Joe Biden’s campaign held an event on the courthouse steps.
“First of all, let me say this,” Biden spokesman Michael Tyler shouted over Trump supporters taunting the Biden campaign. “First and foremost, we are not here today because of what is going on over there,” Tyler continued, motioning toward the courthouse. “We are here today because you all are here,” he said, motioning to the assembled press.
But the only reason the press were there was the spectacle of the Trump trial, a trial Biden’s White House has more than happily supported with snide remarks about Trump’s required presence in the courtroom. Tyler then added to the absurdity of the spectacle by introducing a masked Robert De Niro, who claimed Trump “wants to destroy not only this city, but the country, and eventually, he could destroy the world.”
The farce of Biden’s courthouse campaign press conference has been more than matched by Bragg’s preposterous arguments in the courtroom. Trump is charged with falsifying business records by causing his accountants to label payments to lawyer Michael Cohen as legal expenses rather than something else. The prosecution has not, however, given any guidance on what an accurate description of the payments would have been.
Bragg alleges that Trump paid Cohen to reimburse him for payments he made to porn star Stormy Daniels in exchange for her silence about an alleged sexual encounter. But paying people for silence about infidelity isn’t a crime, and Trump paid Cohen far more than what it cost to pay off Daniels.
Falsifying company records is a misdemeanor, and the allowable legal window for prosecution expired years ago. Bragg got over this legal hurdle by alleging that Trump falsified the records in furtherance of another crime. But Bragg failed to charge Trump with that crime and has told the court he doesn’t have to say what the crime is. According to him, the jury should make up for itself any “unlawful” intent Trump may have had. It doesn’t even have to be criminal, Bragg has argued, even a civil penalty (such as jaywalking) would suffice.
It is beyond Kafkaesque that Trump is on trial for a crime he not only hasn’t been charged with but that hasn’t even been named. The partisan Democratic judge running the trial, who has given money to Biden’s campaign, prevented Trump from talking about Bragg or Cohen, who not only testified against Trump but has repeatedly attacked Trump politically in public.
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Bragg secured his election to become Manhattan district attorney on the partisan promise of prosecuting Trump. From the very beginning, it has been clear that his prosecution of Trump had nothing to do with protecting New Yorkers from the danger of false business records and everything to do with helping Biden get reelected.
Biden kept his distance from Bragg’s prosecution for months in an effort to seem impartial. His decision to send campaign officials to the trial this week ends that ruse. It is now plain that Democrats are using any means necessary, even abuse of the criminal justice system, to keep voters from electing Trump. To the extent there is a danger to democracy in this election, it comes from the current occupant of the White House, not the former.
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