Alvin Bragg’s Constitutional Chutzpah
Allowing New York to maintain a threat to jail Trump at the end of his coming term would put his whole second term under an unconstitutional cloud.

District Attorney Alvin Bragg appears to be posturing as a friend of the Constitution in agreeing to delay for four years his hush money case against President Trump. We, though, don’t see a dime’s worth of difference in delaying it for four years instead of pushing for sentencing now. That’s because the threat of a sentence will hover like a sword of Damocles. A greater threat to what Justice Antonin Scalia called “the boldness of the president” is difficult to imagine.
Mr. Bragg, while he acknowledged the need for a delay, signaled that he intends to contest Trump’s imminent motion to dismiss the case. The prosecutor writes that the “people deeply respect the office of the president, are mindful of the demands and obligations of the presidency, and acknowledge that defendant’s inauguration will raise unprecedented legal questions.” Nevertheless, the district attorney wants to preserve his case in a deep freeze for four years.
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