If Alvin Bragg Indicts Donald Trump, What Will the Case Look Like?

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If Alvin Bragg Indicts Donald Trump, What Will the Case Look Like?
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Alvin Bragg, the Manhattan District Attorney, is still deciding whether to bring criminal charges against the former President. Will the case proceed before the 2024 Presidential race?

created a media frenzy by claiming that he was going to be arrested, Alvin Bragg, the Manhattan District Attorney, is still deciding whether to bring criminal charges against the former President arising from the hush-money payment that he made through Michael Cohen, his ex-lawyer, to the adult-film actress Stormy Daniels in the run-up to the 2016 election.and a longtime friend of Trump’s, testified before Bragg’s grand jury for a second time.

Appearing on NBC News’ “Meet the Press” this weekend, Joe Tacopina, a lawyer who is representing Trump in this matter, criticized Bragg’s office and provided a preview of Trump’s likely defense. The “case shouldn’t be brought and wouldn’t be brought if it were anyone other than Donald Trump, let’s be clear about that,” Tacopina said. More specifically, he repeatedly claimed that the payoff to Daniels wasn’t a campaign contribution.

With Trump out there ranting and raving—in the past week, he has called Bragg an “animal” and threatened “death and destruction” if an indictment comes—the political stakes are, indeed, high, and so are the legal ones. The lawyers I spoke with agreed that Trump’s intent in paying off Daniels, through Cohen, is central to the prospect of a successful prosecution.

If Bragg does bring charges, Trump’s lawyers are likely to ask a judge to dismiss them before trial. Trump’s side could argue that a defendant can’t be prosecuted for federal campaign violations in a state court, and, therefore, Bragg’s office doesn’t have jurisdiction to bring the case. His lawyers may also point out that federal prosecutors closely examined the payments to Daniels during their investigation of Cohen and declined to bring charges against Trump.

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