Bragg's Crazy Election Interference Even Worse Than You Think

Manhattan District Attorney Alvin Bragg’s court case—which hinges on the claim that Mr. Trump falsely labeled seven-year-old business records about a nondisclosure-agreement payment to an adult film star—was always tenuous. To elevate this somewhat nonsensical issue to a felony, Mr. Bragg had to claim further the entries were mislabeled with intent to commit or conceal a secondary crime. After months of indecision, Mr. Bragg finally settled on a gotcha, suggesting the NDA payment made by lawyer Michael Cohen was an illegal campaign contribution—even though the money came from the candidate—that Mr. Trump criminally concealed from voters, amounting to election “interference” or “fraud.”

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Consider the sheer nuttiness of this argument, especially when spooled to its natural conclusions. Campaigns exist to present a candidate favorably to the public—to highlight good things, hide unpleasant things. If it is felony “election interference” for a candidate to try to keep private the details of a seamy relationship, what other candidate concealments—of a lawful and entirely personal nature—must be reported? Must the out-of-pocket settlement for that fender-bender be disclosed, since it conceals a candidate’s bad driving skills? How about plastic surgery, since it masks the true ravages of age or health? Let’s raise donation caps now, since this will cost a lot.

Better yet, let’s march the entire political class to their jail cells now and save donors and the courts the costs. Many should already be there under the Bragg “concealment” theory. The Democratic National Committee and the Hillary Clinton campaign in 2016 paid an opposition-research firm to produce a bogus dossier that accused Mr. Trump of collusion with Russia. They fed it to the FBI and leaked it to the public prior to the 2016 election. The DNC and Mrs. Clinton’s campaign reported the expenditures to the Federal Election Commission but concealed their true nature by describing the payments as “legal” services, as Mr. Trump did with his NDA. The FEC fined them for the deception, but under Mr. Bragg’s theory it should count as criminal election interference.

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Ed Morrissey

This is precisely why the Supreme Court was not impressed with the DoJ argument that prosecutors could be trusted not to abuse their powers for political purposes. I think their attorney talked themselves into a loss on that point alone. 

Unfortunately, any ruling by SCOTUS won't affect Bragg's case, because this involves actions taken by Trump before he took office in 2017. However, this case will fall apart on appeal, and one has to hope that a fair-minded jury will see the obvious absurdity of Bragg's claims. 

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