Manhattan District Attorney Alvin Bragg’s expected indictment of former President Donald Trump as a “nonsense case” and a “blatantly partisan exercise of raw power,” argued Andrew McCarthy, former chief assistant U.S. Attorney for the Southern District of New York in a recent column.
Andrew McCarthy wrote in a National Review online column on Saturday:
Remember, Alvin Bragg is not an appointed law-enforcement official entrusted with upholding the Constitution, like a prosecutor or attorney general in the federal system. He is an elected Democrat. In state systems, prosecutors and state attorneys general are enmeshed in partisan politics. That is how they get their jobs.
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Indicting Donald Trump on a nonsense case in a blatantly partisan exercise of raw power against the Democrats’ arch nemesis is good politics.
Former U.S. Attorney Andrew McCarthy testifies during a hearing before the House (Select) Intelligence Committee June 12, 2019, on Capitol Hill in Washington, DC. (Photo by Alex Wong/Getty Images)
McCarthy wrote that although there are other investigations of Trump that could lead to more serious charges, this case — which involves allegations that the Trump campaign tried to hide hush money to porn actress Stormy Daniels in 2016 as payments for campaign legal services — Bragg is “engaged in bare-naked politics”:
The case is not merely unworthy as a prosecution of Trump (which is why federal prosecutors walked away from it years ago, as did Bragg before he was pressured by progressive Democrats into reviving it); it is also a case that everyone knows Bragg would never bring against anyone other than Trump.
He added that the potential charge Bragg could use — that he falsified business records when making the alleged hush money payments — is “a nonviolent misdemeanor that is stale”:
Crime is rampant in New York, in part because Bragg’s default position is leniency and often non-prosecution when it comes to hardened criminals. Here, the case of falsifying business records against Trump [is], at best, a nonviolent misdemeanor that is stale and that could be inflated into a felony only by theories that are legally and factually dubious. This is a classic, invidious selective prosecution. It is being launched strictly for political purposes.
McCarthy — who is not a fan of Trump — argued that Democrats are purposely scheming to indict Trump in order to get him nominated in the Republican presidential primary so that he can be defeated in the general 2024 election, “probably” by Biden.
“It is hard to think of anything that will more rile up Trump’s base and anger other Republicans who, regardless of their distaste for Trump, will find this maneuver despicable,” he argued. “Such an indictment materially increases the chance that Republicans will nominate Trump — exactly the outcome that Democrats and the media crave.”
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