Law professor calls Bragg's case against Trump a 'historic mistake'

 April 24, 2024

Many have said that Manhattan DA Alvin Bragg's case against former President Donald Trump is one of the weakest cases facing the former president. 

According to Fox News, a law professor recently argued in a New York Times guest essay that Bragg's case against Trump is nothing less than a "historic mistake."

Boston University law professor Jed Handelsman Shugerman made it clear how he feels about the case, which he essentially said was gross overreach on the prosecution's side.

Trump's New York trial is currently under way, and is expected to generate plenty of headlines as it unfolds.

What did he say?

In Bragg's case against Trump, 34 charges were filed, including "falsifying business records in relation to alleged hush money payments made to pornography actress Stormy Daniels prior to the 2016 election."

The problem is that most legal experts believe that an actual crime wasn't committed in paying Daniels. Shugerman argued that it's a situation where Bragg should have focused on the actions taken after the payments instead of the actual payments.

Fox News noted:

Shugerman suggested Bragg should instead center his argument around the idea that "it's not the crime; it's the cover-up" and pointed to allegedly falsified business records.

Shugerman wrote, "Most of them were entered in early 2017, generally before Mr. Trump filed his Federal Election Commission report that summer. Mr. Trump may have foreseen an investigation into his campaign, leading to its financial records.

"Mr. Trump may have falsely recorded these internal records before the FEC filing as consciously part of the same fraud: to create a consistent paper trail and to hide intent to violate federal election laws, or defraud the FEC," the law professor added.

He ultimately called Bragg's approach "weak."

Trump could win in appeals

Many believe Trump will ultimately have the best chance at beating Bragg's charges in the appeals process.

"This case is still an embarrassment of prosecutorial ethics and apparent selective prosecution," Shugerman concluded, pointing out Trump's chances of an appeals victory.

He added, "But if Monday’s opening is a preview of exaggerated allegations, imprecise legal theories and persistently unaddressed problems, the prosecutors might not win a conviction at all."

It's still unclear how Trump will fair in the trial, given that the jury is reportedly "more left-of-center" than not, according to a recent report. Trump and his allies have argued that a fair trial in Manhattan is nearly an impossible thought. Only time will tell.

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