Shenanigans of the New York District Attorney
How in the world is President Trump going to get a fair trial in New York County?
With all the shenanigans going on within â and without â the office of Manhattanâs district attorney, Alvin Bragg, how in the world is President Trump going to get a fair trial in New York County? The question bedevils us as the inner workings of the prosecutorâs office tumble into the public prints before so much as a single indictment has been handed up. What a disgraceful, unseemly, and politicized affair this has become.
The latest development involves Mr. Braggâs whiplash-inducing volte-face on whether to conduct a criminal probe of Mr. Trump. A new grand jury is weighing whether the former president broke any laws over the payment of, as the New York Times puts it, âhush money to a porn star during his 2016 campaign.â A previous investigation of Mr. Trump by Mr. Braggâs office fizzled out early last year, prompting two of the DAâs deputies to resign.
At the time, Mr. Bragg had just taken office and had developed âserious doubtsâ about the case being developed against Mr. Trump. The case centered on whether Mr. Trump broke the law âby inflating the value of his assets in the annual statements,â the Times reported. There was just one problem with the case that seemed to worry Mr. Bragg: Where were the victims of Mr. Trumpâs alleged lawbreaking?
Even if Mr. Trump had, as the prosecutors said, overstated the value of the properties he was borrowing against, the Times said, âMr. Trumpâs lenders had not lost money on the loans but had in fact profited from them.â So the prosecutors âswitched gears.â The new plan âwas to charge Mr. Trump with conspiracy and falsifying business records.â Yet on that, too, Mr. Bragg was reportedly hesitant to proceed.
Thatâs when the deputies, Mark Pomerantz and Carey Dunne, quit. Quietly into the night, though, they did not go. Mr. Pomerantz penned a letter to Mr. Bragg saying that Mr. Trump âhas a long history of fabricating information relating to his personal financesâ and âlying about his assets.â It concluded that there is âno doubt about whetherâ Mr. Trump âcommitted crimes â he did.â No need, it seems, for such daintiness as a jury.
Lamenting that the probe âhas been suspended indefinitely,â Mr. Pomerantz conceded to Mr. Bragg that it was âyour decision to make.â Nor did he, he wrote to Mr. Bragg, âquestion your authority to make it.â He even granted that his boss âmade it sincerely.â Even so, âa decision made in good faith may nevertheless be wrong.â He called Mr. Braggâs decision âmisguided and completely contrary to the public interest.â
Itâs no surprise that a high-minded public servant like Mr. Pomerantz decided to embroider on this theme with a book due out next week. He âwas a retired lawyer living a calm suburban life,â the publisher explains, when he was asked to join the investigation of Mr. Trump. Yet the expected âindictment never happened,â and the book purports to explain how âTrump manages to dance between the raindrops of accountability.â
Mr. Bragg, the Times reports, has complained to the publisher âexpressing concern that the book might disclose grand jury informationâ or âinterfere with the investigation.â Itâs unclear what, if any, further steps are planned to stop the book from hitting shelves. The prosecution, though, appears to be as flimsy as ever. The criminal violation being weighed, the Times says, is usually a misdemeanor â falsifying business records.
âTo make it a felony,â the Times reports, Mr. Braggâs office would need to prove Mr. Trump faked the records in order to violate state election law â an âuntestedâ and therefore âriskyâ tactic. It reminds of Justice Robert Jacksonâs warning that âthe greatest danger of abuse of prosecuting power liesâ in the prospect of law enforcement becoming âpersonal.â How else to account for the Manhattan DAâs officeâs Ahab-like obsession with Mr. Trump?