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.

AP/John Minchillo, file
The Manhattan district attorney, Alvin Bragg, during a press conference at New York, April 4, 2023. AP/John Minchillo, file

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.

Enter your email to read this article.

Get 2 free articles when you subscribe.

or
Have an account? This is also a sign-in form.
By continuing you agree to our Privacy Policy and Terms of Service.
Advertisement
The New York Sun

© 2025 The New York Sun Company, LLC. All rights reserved.

Use of this site constitutes acceptance of our Terms of Use and Privacy Policy. The material on this site is protected by copyright law and may not be reproduced, distributed, transmitted, cached or otherwise used.

The New York Sun

Sign in or  Create a free account

or
By continuing you agree to our Privacy Policy and Terms of Use