It looks like nobody was impressed with Manhattan District Attorney Alvin Bragg’s show trial Tuesday in which former President Donald Trump was indicted on 34 felony counts. Even The Atlantic did a piece to remind us that paying hush money is “actually quite bad,” despite the merits of the case. Now there’s an opinion piece in the New York Times by law professor Jed Handelsman Shugerman entitled, “The Trump Indictment Is a Legal Embarrassment.” But it’s a “look what you made me do” piece; Trump’s violations of norms simply escalates the erosion of legal norms.
What?
Shugerman writes:
Tuesday was historic for the rule of law in America, but not in the way Alvin Bragg, the Manhattan district attorney, would have imagined. The 34-count indictment — which more accurately could be described as 34 half-indictments — was a disaster. It was a setback for the rule of law and established a dangerous precedent for prosecutors.
This legal embarrassment reveals new layers of Trumpian damage to the legal foundations of the United States: Mr. Trump’s opponents react to his provocations and norms violations by escalating and accelerating the erosion of legal norms.
The case appears so weak on its legal and jurisdictional basis that a state judge might dismiss the case and mitigate that damage. More likely, the case is headed to federal court for a year, where it could lose on the grounds of federal pre-emption — only federal courts have jurisdiction over campaign finance and filing requirements. Even if it survives a challenge that could reach the Supreme Court, a trial would most likely not start until at least mid-2024, possibly even after the 2024 election.
Instead of the rule of law, it would be the rule of the circus.
It all sounds good except for the “layers of Trumpian damage to the legal foundations of the United States.” Citation needed.
"This legal embarrassment reveals new layers of Trumpian damage to the legal foundations of the United States: Mr. Trump’s opponents react to his provocations and norms violations by escalating and accelerating the erosion of legal norms." https://t.co/G1AsWUpnci
— Sarah Isgur (@whignewtons) April 5, 2023
"Look what you made me do!"
– Abuser to victim.— QTheLibertine (@QTheLibertine1) April 5, 2023
It's Trump's fault they're breaking norms? Is that really the argument?
— Bill Lumbergh, The Puppatus of Love (@Jeff_Weimer) April 5, 2023
When even the NYTimes is calling it a "Disaster"…
— Andy Stevens 🇺🇸 (@mrandystevens) April 5, 2023
When prosecutorial ambition trumps prosecutorial discretion. Pun intended.
The good news? Social media / internet makes this easier than ever to uncover.
— OG Blockchain (Boycott NYC) (@OGblockchain) April 5, 2023
When was Durham “embarassed” Sarah?
— Jeff Gross (@jgross2812) April 5, 2023
Did someone say something about the erosion of legal norms? Isgur knows this started long ago and the Dems have perfected the weaponization of the Legal System as well as the FBI CIA CDC etc against any & all political opposition. That’s why Isgur is such a Dishgur. pic.twitter.com/StfpYtdNZ7
— Higher Loyalty (@HighestLoyalty) April 5, 2023
The Democrats use Trump as the excuse for their fascist behavior. Sorry, it's not an excuse.
— Lance Sjogren (@LanceSjogren) April 5, 2023
We’ve certainly seen the erosion of legal norms recently, but Trump had nothing to do with it.
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Related:
James Comey again proves he was totally NOT driven by politics as FBI director https://t.co/yWG0dgBW77
— Twitchy Team (@TwitchyTeam) April 5, 2023
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