DA Bragg’s case against Trump: dubious

Progressive New York DA Alvin Bragg presented his case against Donald Trump. Unfortunately for him, even the liberal media has pointed to the pitfalls in the case.

Alvin Bragg’s 2020 campaign for New York County DA included a promise to “get Trump.” He is trying to deliver on his pledge by filing a pile of charges against the former President. Unfortunately, even the liberal press, known to turn cartwheels defending progressive DAs like Bragg, is skeptical.

Very skeptical.

Vox explains the root of the skepticism in its article of April 4, The dubious legal theory at the heart of the Trump indictment, explained. A few words can summarize:

“The actual felony counts arise out of allegedly false entries that Trump made in various business records in order to make the payment to Daniels appear to be ordinary legal expenses paid to Cohen.

But Bragg built his case on an exceedingly uncertain legal theory. Even if Trump did the things he’s accused of, it’s not clear Bragg can legally charge Trump for them, at least under the felony version of New York’s false records law.”

The HuffPost, while seemingly expressing hopeful thoughts of a Bragg success, states in its April 4 article How The Manhattan District Attorney Ended Up Charging Donald Trump With Felonies,

“There are potential pitfalls for DA Alvin Bragg in the legal theory he is using to charge the former president with 34 felony counts.”

Conservative Washington Free Beacon seems to have had a field day quoting liberals in its article of April 5, Even the Liberal Media Aren’t Buying Alvin Bragg’s Bogus Trump. Possibly the best quote is,

“[Bragg is] plunging forward with a premise that has given pause to even some of Mr. Trump’s toughest critics.” — Charles Savage, New York Times

And there is more.

Trump is accused of violating a state law that makes it a crime to falsify business records with the intent to defraud, specifically to conceal another crime. The concealment of another crime turns the misdemeanor of falsifying business records into a felony. A felony conviction is what DA Bragg wants, even if he must stretch facts and laws. And stretch he does.

  • The alleged other crime is influencing the outcome of the 2016 presidential election by arranging for hush money to keep two women from divulging their affairs with Trump. But Trump was running for a federal office, so it is questionable whether Bragg can bring state charges based on an alleged federal violation.
  • Bragg claims Trump violated a New York election law that makes it a crime to conspire to promote a candidacy by unlawful means. But this law is not mentioned in Bragg’s charges.
  • Trump’s final payment of hush money was in 2017. The statute of limitations for the felony charge of falsifying records to conceal another crime is 5 years. The statute of limitations for the misdemeanor charge of falsifying records is 2 years.
  • Trump’s former lawyer, Michael Cohen, made the hush money payments on behalf of Trump, and Trump then reimbursed Cohen, calling the reimbursement “legal expenses.” The Feds charged Cohen with violation of campaign finance law. But the legality of the charge was never tested in court since Cohen quietly went to prison without contesting the charge. Trump could challenge the legality of the charge now. If the hush money payments are not deemed illegal, then there is no violation of campaign finance law for Bragg to hang his felony charge on.

One could wonder why bring dubious charges.

DA Bragg is simply following a script prescribed by those who do not wish their long-standing power disturbed by Trump: just keep throwing stuff at him until, 1) he quits, or 2) voters can no longer stand the turbulence and want Trump gone from public life.

It really does not matter what is thrown – a lineup of accusing ladies (we are talking back in 2015), claims of Islamophobia, impeachments, treason, inciting violence, too many Tweets.

In all fairness, it should be mentioned that Donald Trump’s penchant for creating chaos provides good cover for the extreme actions taken against him. However, it should also be mentioned that Trump supporters view chaos as means to reform. Alvin Bragg may have just helped to ensure Donald Trump’s return to the Presidency.

Pictured: New York County District Attorney Alvin Bragg announcing his charges against former President Donal Trump.

Biden’s strange soul of nation speech

President Joe Biden delivered a speech on September 1, calling for supporters to join him in the fight for the soul of the nation. Virtue must defeat the monsters of MAGA, he implied. That was it.

President Joe Biden delivered his fight for soul of the nation address on Thursday, September 1. The main networks did not carry the address. Republican leader Rep. Kevin McCarty (R CA) taped a very brief response before President Biden gave his speech. Googling for other responses yields little at present.

Maybe people’s preoccupation with soaring prices, their kids’ unfruitful education, crime in the streets, porous borders, and other mundane challenges detracts from rhetorical talk of souls.

President Biden tried hard to change the focus from the mess this country is in to a vision of a future where prosperity, peace of mind, and unity will reign. Abundance of riches, goodness, and harmony will come, apparently, when MAGA extremists, who ignore the Constitution, the rule of law, free and fair elections, and democracy go away.

In all fairness, this nation’s predicaments are not all President Biden’s fault. The national debt and its attendant evils have been growing since President Bill Clinton’s days, the mass of unskilled workers unable to make ends meet has been around since education collapsed and the robber barons of monopolies sucked up the nation’s wealth, divisiveness and name calling has been almost fashionable for a while now. But, the present administration policies, like the Inflation Reduction Act that won’t make a dent on inflation, have not helped.

And in equal fairness, debacles like January 6, when Trump supporters got themselves lumped in with violent unlawful trespassers, feed into the view that MAGA folks are extremists. Hecklers outside Independence Hall shouting “Let’s go Brandon” and “F—Joe Biden” while the President was giving his “soul of democracy” speech were fodder for the President’s calm response: “They’re entitled to be outrageous. This is a democracy.” “… good manners is nothing they’ve ever suffered from.”

So, will a repetitious 24-minute speech touting a nebulous vision of an even more nebulous democracy turn the tide of Republican’s expectation to flip the House and Senate in coming elections? Probably not. But the expected drumbeat of anti-MAGA vitriol in the coming months might.

By the way, one is to assume that the “democracy” to which President Joe Biden referred in his speech is not the same “democracy” that these folks describe:

Republics decline into democracies and democracies degenerate into despotisms. Aristotle – Greek philosopher during the Classical period of ancient Greece.

Democracy is the road to socialism. Karl Marx – German philosopher, critic of political economy, and socialist revolutionary.

Democracy is four wolves and a lamb voting on what to have for lunch. Ambrose Bierce short story writer, journalist, poet, and American Civil War veteran.

Loving The Border Wall – In Spite of Frost

Populous left-leaning states have succeeded in establishing the narrative that Donald Trump is an unwanted President insisting on an unwanted border wall. The current GoFundMe Build the Trump Wall Campaign might change that narrative.

“Something there is that doesn’t love a wall”

Mending Wall by Robert Frost is often quoted in disapproval of walls that separate people. It would not be surprising if that poem helped topple the Berlin Wall and end the Cold War.

“The gaps I mean, No one has seen them made or heard them made”

We build walls when we want to keep entities out or keep them in – even when we know walls on their own do not work for such purposes. Walls slow unwanted entry or egress, provide places for “checkpoints,” and act as powerful symbols of regime sovereignty. It is possible to abhor force – sometimes deadly force – inherent at checkpoints, while insisting on preserving regime sovereignty.  It is possible to dislike regime sovereignty while needing to protest against some aspect of the status quo.

Thus, according to the GoFundMe website, as of Thursday, December 20, 2018, 5:47 pm,  151,413 individuals have donated $9,189,073 to a GoFundMe campaign that started 3 days ago by a triple-amputee war veteran to fund a U.S./Mexico border wall with private donations.

“Before I built a wall I’d ask to know what I was walling in or walling out”

There are no doubt an infinite number of reasons why 151,413 individuals would donate nearly $10 million dollars to build a border wall. Among those reasons might be the following:

* The rise of regional “governments” at various levels of jurisdictions, led by unelected officials perceived as responding more readily to the United Nations than to residents – witness the current Yellow Vest protests in France – is not universally welcomed. A border wall is a symbol of sovereignty. Donating to build a border wall might be an expression of support for that symbol.

* Calls for open borders that do not take into account economic consequences, inefficient rules regarding asylum seekers, and refusal of legislators to craft workable bipartisan immigration rules are situations displeasing to some. The “Cliftivism” offered by this GoFundMe campaign is a relatively painless call attention to these situations.

* Populous left-leaning states like California and New York have succeeded in establishing a national narrative that Donald Trump is an unwanted President insisting on an unwanted border wall. A substantial volume of voluntary donations to build such a wall would place that narrative in question.

“Good Fences Make Good Neighbors” – Sometimes Yes, Sometimes No

Trump Wall Go Fund Me 2

If you are a Trump supporter, or if you are not a Trump supporter but fall into one or more of the categories listed above, you might want to consider the campaign.

Fund the Trump Wall GoFundMe Campaign.

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