New York District Attorney Alvin Bragg may have violated Donald Trump‘s constitutional rights according to Fox News legal analyst Gregg Jarrett.
On “Hannity,” Jarrett said that Bragg's refusal to disclose the underlying crime the defendant intended to conceal through his alleged falsification of business records violated the Sixth Amendment.
The Sixth Amendment provides in part for the right of a criminal defendant to “be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor…”
When questioned by a reporter as to what the underlying crime the indictment fails to name is, Bragg replied in New York State, he does not have to.
“The indictment doesn't specify it because the law does not so require,” he told the journalist.
“He does [have to name it, via] the Sixth Amendment,” Jarrett said. “[The indictment] is therefore facially defective. It is deficient on its face and it would be susceptible to a motion-to-dismiss.”
Jarrett recalled a warning from former Supreme Court Justice Robert H. Jackson, a Nuremberg Trial prosecutor, who said the “greatest danger to justice is an unscrupulous prosecutor who targets a person and then scours the law books to find an offense he can pin on that person.”
“That's what Alvin Bragg has done,” he said.
Last Thursday, the New York grand jury voted to indict former President Donald Trump for his alleged role in a hush money bribe to adult film star Stormy Daniels amid the 2016 presidential election in DA Alvin Bragg's yearslong investigation into the real estate mogul.
Federal prosecutors in the Southern District of New York opted out of charging Trump related to the Daniels payment in 2019. The Federal Election Commission also tossed its investigation into the matter in 2021.
On Tuesday, the former President surrendered to the Manhattan Criminal Court for his arraignment. Trump pleaded not guilty to 34 counts of falsifying business records.
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Sounds great that Bragg has violation. What will be done by it? This Democrat has everything to do with making Trump look like a criminal when the Democrats have violated every safety net of our courts and laws.
The Left is hell-bent on violating and destroying the Constitutional rights of EVERYONE. This is what totalitarianism is all about.
I think the line they are using is flawed because if Trump was indicted for falsifying records, it makes no difference what or even if he did so to cover up another crime.
DEAD WRONG. Falsifying business records is a misdemeanor under NY law with a 1 year statute of limitations that ran out years ago. It is ONLY a felony if the reason was to cover up another crime. Proving that CANNOT be possible without naming the crime being covered up. Therefore, YOUR line of reasoning is absurd on its face.
In short, under NY law, either the crime being covered is an ESSENTIAL element of the felony charges, or Bragg is committing the only felony in the case by charging a misdemeanor as a felony.
The statute of limitations has expired on every last charge !
The entire Bragg list of charges are BOGUS !
This is a Political Witch Hunt !
The judge is a sworn and biased enemy of President Trump !
A COMPLETELY KANGAROO COURT !