How This Trump Prosecution Could Have Happened Years Ago

Congressman Jim Jordan wanted revenge on behalf of Donald Trump against Manhattan District Attorney Alvin Bragg for bringing the election interference charges against Trump for which he’s now standing trial in Manhattan.
Jordan threatened Bragg with “oversight”: dragging him before his committee repeatedly, threatening him with contempt of Congress, putting a right-wing target on Bragg’s back by publicizing him to draw sharpshooters from as far as Wyoming or Idaho, and the possibility of going to jail if he didn’t answer Jordan’s questions right. He, James Comer, and Bryan Steil—three chairmen of three different committees—wrote to Bragg in March 2023:
By July 2019 ... federal prosecutors determined that no additional people would be charged alongside [Michael] Cohen.... [Y]our apparent decision to pursue criminal charges where federal authorities declined to do so requires oversight.
They were furious that Bragg would prosecute Trump for a crime that the Department of Justice had already decided and announced that it wasn’t going to pursue.
But why didn’t Bill Barr’s Department of Justice proceed after it had already put Michael Cohen in prison for a year for delivering the check to Stormy Daniels to keep her quiet, at least until after the election, and then lying about it? Why didn’t Barr’s DOJ go after the guy who allegedly ordered the check written, the guy who’d had sex with Daniels, the guy whose run for the presidency was in the balance?
Why didn’t the Department of Justice at least investigate (it has a policy against prosecuting a sitting president) the crime it put Cohen in prison for but was possibly directed by, paid for, and also committed by Donald Trump?
For one possible answer let’s turn to Geoffrey Berman, the lifelong Republican and U.S. attorney appointed by Trump to run the prosecutor’s office at the Southern District of New York. He wrote the book Holding the Line, published in September 2022, about his experiences.
In it, he came right out and accused Barr of killing the federal investigation into Trump’s role of directing and covering up that conspiracy to influence the 2016 election. Had Barr not done that, Trump could have been prosecuted in January 2021, right after he left office. And Jim Jordan couldn’t complain that Alvin Bragg was pushing a case the feds had decided wasn’t worth it.
As The Washington Post noted when the book came out:
He [Berman] says Barr stifled campaign finance investigations emanating from the Cohen case and even floated seeking a reversal of Cohen’s conviction—just like Barr would later do with another Trump ally, Michael Flynn. (Barr also intervened in the case of another Trump ally, Roger Stone, to seek a lighter sentence than career prosecutors wanted.)
This is why Manhattan District Attorney Alvin Bragg felt he had to pick up the case, if the crime was to be exposed and prosecuted.
After all, this crime literally turned the 2016 election to Trump. Without it, polling shows and political scientists argue, Hillary Clinton would likely have been our president for at least four years.
But Barr put an end to Berman’s investigation, according to Berman. The DOJ pretended to be investigating Trump for another few months, then quietly announced it wasn’t going to continue the investigation. The news media responded with a shrug of the shoulders, and America forgot that Trump had allegedly been at the center of Cohen’s crime.
In 2023, The New York Times reported that Main Justice wouldn’t prosecute because Cohen wouldn’t testify to earlier crimes, which was a standard to which the Southern District usually held cooperating witnesses, and because Trump might’ve been ignorant of the law. The decision not to pursue the case, the Times reported, was made by prosecutors in New York and not by Barr.
Incomplete testimony and ignorance of the law have rarely stopped prosecutors in the past from pursuing a case as clear as this one appears to be (Trump signed the check, and Cohen had a recording of their conversation, after all), but the story stuck.
In contrast, Berman wrote:
While Cohen had pleaded guilty, our office continued to pursue investigations related to other possible campaign finance violations [including by Trump]. When Barr took over in February 2019, he not only tried to kill the ongoing investigations but—incredibly—suggested that Cohen’s conviction on campaign finance charges be reversed. Barr summoned Rob Khuzami in late February to challenge the basis of Cohen’s plea as well as the reasoning behind pursuing similar campaign finance charges against other individuals [including Trump].
If the above is true, it wouldn’t be Barr’s only time subverting justice while heading the Justice Department, according to Berman, who says Barr ordered John Kerry investigated for possible prosecution for violating the Logan Act (like Trump is doing now!) by engaging in foreign policy when not in office.
Most people know that when special counsel Robert Mueller’s investigation was completed—documenting 10 prosecutable cases of Donald Trump personally engaging in criminal obstruction of justice and witness tampering to prevent the Mueller report investigators from getting to the bottom of Trump’s 2016 connections to Russia—Barr buried the report for weeks.
And it doesn’t stop there. Just last month, The New York Times revealed how Barr apparently inserted himself into a Justice Department criminal investigation of a billion-dollar corporation for allegedly corruptly hiding its income offshore to avoid paying its fair share of taxes.
Bragg and his attorneys are racing the clock to get the voters a verdict before November. But according to Berman, this all could have been settled one way or the other long ago.
Trump targets Alvin Bragg, the prosecutor in his criminal case, while visiting site of fatal bodega stabbing
Donald Trump is trying to turn the tables on Alvin Bragg.
The former president ended the second day of his hush money trial in Manhattan by visiting a Harlem bodega where, in 2022, store clerk Jose Alba stabbed an attacker, then got brought up on a murder charge by the Manhattan district attorney’s office.
The case was dropped less than three weeks after the incident, but not before Bragg, who is now leading Trump’s prosecution, came under withering attack by the city tabloids and other mostly right-wing critics over what many – including Mayor Eric Adams – viewed as a clear act of self-defense.
While the trial in Lower Manhattan will mostly keep Trump off the campaign trail, his visit to the bodega brought the campaign to the city – where anxieties over a pandemic-era rise in crime drove Adams’ mayoral campaign in 2021 and, despite rates now dropping, has made Gotham a useful cudgel for Republicans ahead of the 2024 general election.
“They want law and order, they have a lot of crime, tremendous crime and their stores over there, stores are being robbed,” Trump said of bodegas in New York during his visit.
The New York GOP’s message, which Trump called back to during a brief session with reporters outside the store, resonated in 2022 as Republicans won congressional seats outside the city after focusing their campaigns on public safety and worries that violent crime here would radiate out into the suburbs.
Trump on Tuesday made his visit to Harlem’s Sanaa Convenient Store, formerly known as Blue Moon, to meet with a co-owner of the store and Francisco Marte, the founder of the Bodega and Small Business Association. Throngs of supporters, protesters and curious rubberneckers began to amass on Broadway a little after 3 p.m., as word spread that the presumptive Republican presidential nominee was expected.
By the time Trump emerged from his black SUV a little after 6:30 p.m., the crowds were exchanging chants, with detractors calling him a “traitor” and a “fascist” while fans screamed his name, “four more years,” and, at one point – at the urging of campaign staff – began to sing the National Anthem.
A group of women, about 50 yards up the block behind a police barrier yelled out for Trump, calling him, in Spanish, “my tiger!” Meanwhile, employees of the Romantic Depot shop across the street – “NY’s Best Lingerie Store” – waved a red banner advertising a product named after Trump.
“It’s Alvin Bragg’s fault. Alvin Bragg does nothing. He goes after guys like Trump who did nothing wrong,” Trump said. “There are hundreds of murderers all over the city, they know who they are and they don’t pick them up. They go after Trump.
Bragg’s office dismissed Trump’s talking point, first in a social media post showing the downward trajectory of major crimes, then in a statement defending its handling of the Alba case.
“This matter was resolved nearly two years ago, and the charges were dismissed after a thorough investigation,” a Bragg spokesperson told CNN. “D.A. Bragg’s top priority remains combating violent crime and the office has worked hand in hand with the NYPD to drive down overall crime in Manhattan, including double digit decreases in homicides and shootings since he took office.”
Marte, the small business advocate, said the Trump campaign contacted him for a meeting, which he parlayed into an invitation to visit a bodega. His group does not support political candidates, he added, but was pleased Trump decided to come and highlight their concerns about violent crime in the city.
In an interview about an hour before Trump arrived, Marte praised the former president’s “tough on crime” rhetoric, but said he hoped Trump wouldn’t use the occasion to attack the city or exaggerate the threat.
“New York is a little dangerous. It is dangerous, but we are working on that. But we need support,” said Marte, before saying President Joe Biden would also be welcome.
Trump is currently on trial in New York four days a week, severely limiting his ability to campaign or fundraise outside of the state. The trial is forcing his team to come up with creative ideas to campaign while remaining local.
“It makes me campaign locally, that’s OK,” Trump said of the trial. “We’re going to give New York a very good shot for the presidency, we think we should be able to do it, a lot of things have changed.”
New York remains a Democratic stronghold. Trump lost to Biden by 23 points in 2020, and argued the influx of migrants into the state could push more New Yorkers to cast their ballots for him in November.
On Tuesday, Trump used the appearance at the bodega to attack Bragg.
“Alvin Bragg does nothing. He goes after Trump, who did nothing wrong,” Trump said.
The visit to this bodega came two years after Alba, who was not present for the visit, was charged with second-degree murder after he stabbed Austin Simon in a confrontation.
Alba and his lawyers argued that he acted in self-defense, saying surveillance video of the incident – which showed that Simon tried to pull Alba out from the booth before Alba grabbed a knife off the counter – confirmed their account.
“Mr. Alba was simply doing his job when he was aggressively cornered by a much younger and bigger man,” Alice Fontier, a spokeswoman for Alba’s attorney, said at the time.
The charge against Alba were dropped amid an angry, tabloid-fueled backlash to Bragg’s decision to charge him at all.
Adams publicly backed Alba and applauded the move to dismiss the charge against him.
“I think in this case, we had an innocent, hardworking New Yorker that was doing his job and someone was extremely aggressive towards him,” Adams told reporters at the time. “And I believe after the DA’s review, the DA, in my opinion, made the right decision.”
Prosecutors, in their court motion, said they “determined that we cannot prove beyond a reasonable doubt that the defendant was not justified in his use of deadly physical force.”
In April 2023, House Republicans on the Judiciary Committee invited Alba to testify at a so-called “field hearing” in New York City. In his opening statement, Alba wrote that he was “not motivated by a political agenda” and only wanted “to tell the public about the horrible experience I had to go through because of crime in this city.”
“I stabbed that man in self-defense. But when the police came, even though I was injured myself, I was placed under arrest,” Alba recalled. “When I came before the judge, the prosecutor said I was being charged with Murder in the Second Degree. They asked for bail, even though so many people are being let go these days, and I couldn’t afford it.”
Alba filed a lawsuit, seeking unspecified damages, against the City of New York, Bragg and others involved in his arrest on September 29, 2023, claiming Alba was discriminated against because he is Hispanic. Simon was Black.
“While in theory, Bragg’s ‘racial equity’ policies are a well-intentioned attempt by him to implement evenhanded justice, the means and methods employed by Bragg have instead had an opposite effect,” Alba’s lawyers wrote, “and resulted in discrimination against certain defendants based on race.”
Lawyers for the city have asked for the lawsuit to be thrown out, telling the court in their own filing that prosecutors and police acted reasonably in the moment – and that “the undisputed facts show that after the plaintiff’s arrest, there was even more evidence to support a finding of probable cause for his prosecution.”
New York state lawmakers in 2019 passed a criminal justice reform package designed to end the use of use of cash bail and jail for most cases involving misdemeanors and less serious felonies. The new law went into effect in 2020, shortly before the first cases of Covid-19 were reported in the city, which would be hit hard by the pandemic.
But rising crime during that period sparked a political backlash that led Democrats in Albany to repeatedly revise and limit the scope of the law. There is no clear evidence of a connection between bail reform and the spike in crime, but Republicans here and around the country have used the issue as a cudgel against Democrats, arguing they are “soft on crime.”
The Alba case offered an ironic twist in the political narrative, with many Republicans and right-wing news sources effectively arguing that Bragg’s office took too harsh a tack against the clerk, calling the initial charge tone-deaf and misdirected.
Bragg, who ran on a platform of progressive reform, was elected alongside Adams, a former police officer who promised a crackdown on crime, in 2021. He came under immediate fire from critics after he released a memo outlining new charging, bail, plea and sentencing policies.
The policies, Bragg said, were rooted in his own experience – being held at gunpoint six times in his life, three of them by overzealous police officers. But his plan faced immediate blowback from police union leaders and right-wing media.
“Safety is paramount. New Yorkers deserve to be safe from crime and safe from the dangers posed by mass incarceration,” Bragg tweeted during the uproar that followed. “We will be tough when we need to be, but we will not be seeking to destroy lives through unnecessary incarceration.”
Trump faces contempt motion after social media posts about New York trial
About an hour after day one of Donald Trump’s criminal trial in Manhattan closed, the former president published the first of what would be a series of posts on Truth Social about his disdain for the trial, specifically his required attendance.
The Manhattan district attorney, Alvin Bragg, filed a motion in papers made public on Tuesday to hold Trump in contempt of court for violating a partial gag order in the case.
Prosecutors said that Trump had already violated his gag order three times, posting about the witnesses Michael Cohen and Stormy Daniels on social media. They asked the judge to fine Trump $3,000 for the violation. Merchan said he will hold a hearing on the alleged violations on 23 April.
In his posts, Trump blasted Judge Juan Merchan for requiring Trump to attend the trial every day it is in session. The trial, centered on hush-money payments Trump funneled to the adult film star Stormy Daniels before the 2016 presidential election, is expected to last at least six weeks. Daniels said she and Trump had a brief affair in 2006.
Attending the trial, Trump said, would mean he will have to miss the high school graduation of his son, Barron Trump.
“Who will explain for me, to my wonderful son, Barron, who is a GREAT Student at a fantastic School, that his Dad will likely not be allowed to attend his Graduation Ceremony, something that we have been talking about for years,” Trump wrote on Monday afternoon after court ended for the day. Trump called Merchan a “Conflicted and Corrupt New York State Judge” overseeing “a bogus ‘Biden Case’”.
Trump said that he would also be unable to attend the US supreme court hearing arguments for his presidential immunity claims over the January 6 insurrection.
“This shows such great disdain and disrespect for our Nation’s Highest Court, especially for a topic so important as Presidential Immunity, without which our country would never be the same!” Trump wrote on Truth Social.
Though Merchan subjected Trump to a gag order before the trial began, it only extends to prosecutors other than Bragg, witnesses, court employees, jurors and their families. Trump is free to criticize Merchan himself, though it will probably not help Trump win the favor over the judge, who will decide on Trump’s sentence if the jury finds him guilty.
Before the trial, Merchan extended the gag order to cover his family and Bragg’s family after Trump posted about Merchan’s daughter, who worked for a company that helped Democratic candidates with digital campaigns. Trump and his lawyers have twice tried to get Merchan recused from the case, to no avail.
Trump’s lawyers in court argued that the posts were not covered by the gag order as Trump was responding to allegations the witnesses made. In another post on Tuesday morning, Trump called Merchan a “Trump Hating Judge” who “won’t let me respond to people that are on TV lying and spewing hate all day long.
“He is running rough shod over my lawyers and legal team,” Trump wrote. “I want to speak, or at least be able to respond. Election Interference! RIGGED, UNCONSTITUTIONAL TRIAL! Take off the Gag Order!!!”
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