Senator Rand Paul took to Twitter on Tuesday to call for the jailing of New York DA Alvin Bragg, who is going after Trump for alleged campaign finance violations.
“A Trump indictment would be a disgusting abuse of power. The DA should be put in jail.” – Rand Paul said on Tuesday.
A Trump indictment would be a disgusting abuse of power. The DA should be put in jail.
— Rand Paul (@RandPaul) March 21, 2023
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In January, the Manhattan District Attorney’s office revived its criminal investigation, which has been a “zombie” dying and returning multiple times since 2018 into Trump’s ‘hush payments’ to porn star Stephanie Clifford, AKA Stormy Daniels.
Trump has been accused of paying Daniels’ hush payments’ through his then-attorney Michael Cohen to silence her and stop the story about their alleged affair from being published in the National Enquirer. Bragg, a Sors-backed DA, revived the ‘hush payment’ investigation after former Manhattan DA Cy Vance wouldn’t even pursue the case.
The prosecution claims that Trump had Cohen make the payments and compensated Cohen with checks marked for legal services instead of their true purpose. The falsifying 0f business records are only a misdemeanor, which the statute of limitations has long since run out on being just two years. However, on Friday, the office elevated the case from a misdemeanor to a felony.
While the exact method is currently unknown, falsification of business records becomes a felony when in the service of committing another crime, and the DA is likely to argue that another crime is either Conspiracy or Campaign Finance Violations. However, there are several issues.
A business records charge requires an “intent to defraud.” This would be hard to sell since Trump is the Trump organization. Moreover, hitching the local misdemeanor to a federal crime like a campaign finance charge is an untested legal strategy with little precedent. Both potential felony charges are shaky, too, as they require the payments to be primarily motivated by an intent to influence the election and not to save the family embarrassment. Discerning Trump’s intent beyond a reasonable doubt will be extremely difficult, if possible at all.
Michael Cohen, Trump’s former fixer, pleaded guilty to campaign finance violations in 2018, but it wasn’t enough to lead to an indictment due to a lack of credibility.
"Michael Cohen is far from solid evidence:" Cohen's former legal advisor Robert Costello attacked his ex-client's credibility as the "star witness" in the hush money case against former President Donald Trump. More: https://t.co/crLKBCYjsW pic.twitter.com/TYRpvSmR9W
— NewsNation (@NewsNation) March 20, 2023
This legal minefield prevented former prosecutors from pursuing the case, contrasted with his general soft-on-crime policies, which led Paul to rip into Bragg for abuse of power.
Because while Bragg gambles on this shaky case regarding former President Trump, New York has been experiencing decreased prosecutions and a rising crime rate. According to Newsweek, Bragg issued a memo revealing his policy to be in the mold of other Soros-backed DAs, outright refusing to prosecute some crimes, including prostitution, trespassing, resisting arrest, and most misdemeanors.
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In a 2021 press release announcing financial support for Bragg, Color of Change revealed his priorities and ideology as tied up in critical race theory.
“For too long, New Yorkers have lived under two systems of justice. One system protects and privileges the powerful and well-connected; the other victimizes and penalizes people of color and the powerless.”
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