The Nebulous Indictment of Donald Trump
Why Did Alvin Bragg Keep the Indictments Sealed? And Other Questions
Beyond the purely legal and factual problems with Bragg’s case, his furtive behavior raises its own questions. Why did Bragg seal the indictment? More importantly, why is this indictment so specific regarding the alleged infractions but so vague concerning the supposed crimes they were committed in pursuit of? Why is Bragg charging Trump with thirty-four essentially identical crimes?
There is nothing in the indictment itself that justifies sealing it. It contains no state secrets, and it certainly was not sealed to protect the accused. No, the indictment was sealed to forestall criticism of the feeble legal thinking that underlies it and to create confusion about its exact contents: The media spent so much time speculating about what might be in the indictment and discussing it in such roundabout terms that the public has filled in missing parts of the story with their own imaginings. For example, many people on Quora believe the indictment accuses Trump of using campaign funds to pay off Stormy Daniels. Of course, the indictment alleges no such thing. In fact, it claims Trump used funds from his own revocable trust---not his campaign. Bragg sealed the indictment to create a penumbra in which people could see whatever they wanted to see.
Bragg’s indictment claims Trump falsified business records in furtherance of another criminal act, but it does not state what that other criminal act is. Again, this is being done to forestall expert legal criticism and to interfere with the defense’s ability to draft motions early on. Specifically, it prevents them from issuing a motion to dismiss on the grounds that a state court lacks the jurisdiction to determine someone’s guilt concerning a federal campaign violation. All these actions suggest that Bragg knows just how weak his case is and, more importantly, that Bragg wants to deny Trump a fair trial. He does not want to win on the merits of his case but through surreptitious legal maneuvering.
The indictment breaks what is essentially one criminal allegation into thirty-four parts. This only serves to confuse the public and harm Trump’s chances of reelection. Bragg knows full well that mainstream media outlets will run the headline “Trump is charged with 34 separate counts” without detailing how redundant these counts are. This is not the action of a man interested in justice. This is the action of a man who wants to undermine the democratic process. After all, low-information voters are likely to think: “Thirty-four counts, wow, he must be guilty of something.”
Perhaps strangest of all Bragg’s maneuvers this week was his request to hold Trump’s trial during the height of the primary season. What legitimate legal purpose could such a delay serve?
The furtive manner in which Bragg is handling this indictment tells you how pathetic his case is.