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[Order David Horowitz’s new book, America Betrayed, HERE.]
On May 30th, a Manhattan jury found former President Donald Trump guilty of thirty-four jerry-rigged felony charges brought against Mr. Trump by the progressive Manhattan District Attorney Alvin Bragg. The fix was in, and the main casualty was the rule of law itself.
District Attorney Bragg abused his prosecutorial powers by targeting Mr. Trump personally, as he had promised to do when he ran for office, and then coming up with concocted felony offenses to charge him with. The Trump-hating district attorney magically alchemized a statute of limitations-barred misdemeanor of falsifying business records into a felony violation of a state law that prohibits conspiring to win an election by “unlawful means.”
DA Bragg accused the former president and presumptive 2024 Republican presidential nominee of allegedly conspiring to falsify business records to hide a hush money payment aimed at keeping news of a potentially embarrassing sex scandal from the voters. The jury bought this flimflam of a case against Mr. Trump with the help of a biased judge whose daughter’s firm was reportedly leveraging this same case to assist Democrats in their fundraising.
DA Bragg fabricated a byzantine legal theory especially for the purpose of ensnaring Mr. Trump. The progressive prosecutor chose to revive a time-barred misdemeanor by upgrading it to a felony involving alleged interference with a federal election, even though the public was in no way endangered by the alleged falsification of business records.
Contrast Mr. Bragg’s targeting of Mr. Trump with how he has dealt with the wave of violent crimes surging in Manhattan. Mr. Bragg has often taken the side of the accused criminals. His office has chosen to downgrade many of the most serious offenses occurring on its watch from felonies to misdemeanors.
In short, District Attorney Alvin Bragg is living proof of what the late Attorney General (and a subsequent Supreme Court Justice) Robert Jackson warned was “[t]he most dangerous power of the prosecutor: that he will pick people he thinks he should get, rather than pick cases that need to be prosecuted.”
An impartial judge would have thrown out Bragg’s indictment against Mr. Trump or, at the very least, ensured that Mr. Trump received a fair trial. However, the hopelessly biased Manhattan Supreme Court Judge Juan Merchan, who presided over Mr. Trump’s hush money trial, did neither. This judge, who should have been recused on conflict-of-interest grounds, abused his judicial authority by tilting the playing field sharply in the prosecution’s favor. Indeed, Judge Merchan’s rulings prevented Mr. Trump from receiving a fair trial and violated Mr. Trump’s fundamental constitutional right to due process.
For example, Judge Merchan allowed the prosecutor’s witness, former porn star Stormy Daniels, to rattle on with details about her alleged salacious affair with Mr. Trump. The judge overruled repeated objections by Mr. Trump’s lawyers that her prolonged testimony was highly prejudicial and legally irrelevant to the case, even though the judge himself admitted that the testimony may have gone too far.
Judge Merchan also allowed the introduction of other prejudicial evidence to help the prosecution’s case that had nothing to do with the charge that Mr. Trump caused the falsification of business records for the purpose of interfering with the 2016 election. This extraneous, prejudicial evidence included testimony about the infamous “Hollywood Access” tape. It also included testimony about Mr. Trump’s alleged affair involving former Playboy model Karen McDougal.
Judge Merchan did the prosecution another favor when he barred the introduction of evidence crucial to the defense. He did not allow the jury to hear testimony from a federal election law expert that would have supported the defense’s contention that Mr. Trump did not violate federal election law.
Judge Merchan also issued jury instructions that were highly stacked against the defense. The instructions allowed the jury to reach a guilty verdict even if they could not agree unanimously in identifying the specific crime that Mr. Trump allegedly committed as the unlawful means to interfere with the 2016 presidential election. The judge offered the jury a buffet of three possible key crimes that each jury member could choose from. They did not have to all agree on the same key crime but yet could still render a unanimous guilty verdict. Mr. Trump’s defense team did not learn of the specific crimes that the jury members could select from until the end of the trial. By then it was too late to present evidence to refute each of these crimes and their alleged connection to the charge of conspiring to interfere with the 2016 presidential election.
The Fifth Amendment of the Constitution guarantees to the accused criminal defendant “due process of law.” The Sixth Amendment guarantees that in a criminal prosecution the defendant has the right “to be informed of the nature and cause of the accusation.” Mr. Trump was denied these fundamental rights in Judge Merchan’s courtroom.
Following the announcement of the jury’s guilty verdict, the Soros-funded progressive Manhattan DA bragged that “I did my job.” He is right in one sense. Mr. Bragg did a hatchet job on Donald Trump, enabling his comrades in the Democratic Party and the Biden re-election campaign to brand Mr. Trump as a convicted felon and distract voters from President Biden’s disastrous policy failures.
However, as mentioned earlier, Alvin Bragg has utterly failed to do his real job. He has shied away from vigorously prosecuting violent criminal suspects accused of putting innocent people’s lives and well-being in danger.
President Biden took Donald Trump to task for the former president’s harsh criticism of his trial and guilty verdict. Mr. Biden said that “it’s reckless, it’s dangerous, and it’s irresponsible for anyone to say this was rigged just because they don’t like the verdict.”
“The justice system should be respected, and we should never allow anyone to tear it down,” President Biden declared. “It’s as simple as that.”
Evidently, respect for the outcome of court decisions was not so simple for Mr. Biden himself when he angrily denounced, on foreign soil no less, the Supreme Court’s decision overruling Roe v. Wade. “The one thing that has been destabilizing is the outrageous behavior of the Supreme Court of the United States,” he declared while in Spain for a NATO summit meeting in 2022 after the Supreme Court issued its decision in Dobbs v. Jackson Women’s Health Organization.
After the leak of a draft of the Dobbs majority opinion, the Biden administration failed to enforce against pro-abortion protesters parading near conservative justices’ residences a law prohibiting such behavior aimed at influencing the outcome of a judicial proceeding.
A year later, President Biden angrily responded to the Supreme Court’s decision that struck down affirmative action programs at the University of North Carolina and Harvard. “This is not a normal court,” the president exclaimed about a co-equal branch of the federal government.
“Destabilizing,” “outrageous behavior,” and “not a normal court.” These were the words that President Biden chose to describe the Supreme Court for decisions it rendered with outcomes that he did not like. Once again, we see an example of ‘rules for thee but not for me.’
The guilty verdict against Donald Trump in the New York hush money case should be overturned on appeal on various grounds that include violations of Mr. Trump’s constitutional rights, Judge Merchan’s jury instructions, and reversible errors in the judge’s evidentiary rulings. However, the appellate process takes a long time and will not be concluded before Election Day. Mr. Trump cannot count on the Supreme Court’s intervention in time to redress this miscarriage of justice and ensure a fair election that is determined at the ballot box, not in a courtroom.
The Biden campaign is already using the “convicted felon” slogan against Donald Trump to amplify its smear that Mr. Trump and his millions of supporters constitute a grave danger to democracy. But this is part of the progressive Left’s Big Lie meant to deceive the voters. The truth is that democracy and the rule of law in America are under assault by the Biden White House, the Biden Justice Department, and progressive state prosecutors and judges who abuse their powers to target their political enemies.
David Grisez says
This criminal case against Donald Trump is the worst miscarriage and perversion of justice that has ever occurred in the history of the United States. The United States has done the same thing that has been done in Communist and Totalitarian regimes. I am soon to turn 73 years old. The United States of today is radically different from the United States of my young years. Also what used to be the Democrat party of my youth has turned into a Socialist-Communist party. I commonly refer to this party as the Democrat-Socialist party. It sure looks like this party is doing everything to become the single party in full control of the United States just like Communist China.
Kasandra says
Well, it there is any silver lining it has shown beyond cavil that the Democratic [sic] Party is literally willing to do anything to obtain and retain power. That should be clear to, and frighten, every citizen.
Rob A says
“That should be clear to, and frighten, every citizen.”
That would be truth if the democrat controlled media didn’t work so hard at lying and distorting the truth and misinforming the American people.
Banastre Tarleton says
It started four years ago with the ”martyredom of street thug George Floyd , the Horst Wessal of the Left
It then went to a ”Flu d’etat” when they used a flu-like illness to steal the 2020 election
They then opened the border to invite a migrant invasion as a cup de grace on a dying republic
They are now trying their best to either put Trump in prison or at least handicap him
They are preparing to provoke a war with Russia as an excuse to cancel/ delay the 2024 elections
If Trump ever wants to be president again he’ll need to fight for it as they’ll NEVER hand over power
Trump needs a military man with gravitas to fight this ”cold civil war” that can quickly got HOT
TRUMP/FLYNN IS NOW THE ONLY REAL OPTION FOR THE FIGHT AHEAD
Intrepid says
Mark Levin, on Gateway Pundit says job 1 right now is Trump’s lawyers need to get the case to the SCOTUS.
Very true. Right now fake “judge” Merchan and Fat Alvin Bragg need to be neutralized and ultimately investigated.
Then you go after the real perps as soon as Trump is elected.
Let’s start with the lowlifes who engineered the Crossfire Hurricane Coup before Trump had even taken office. That would be the Magic Negro, Hillary Clinton and Joe Biden. All three were in the oval office when the plot was hatched. Begin first with the foot soldiers. Peter Strzok and Lisa Page, Merrick Garland, Chris Wray, John Brennan and James Comey. You always start with the smaller scum in order to implicate the bosses. They need to go to jail for what they did.
And the lawfare lawyers. Can’t forget them: mainly Mark Elias, Norm Eisen, Andrew Weissman and the guys who worked for them.
We are now a full throated banana republic. Expect the same verdicts in D.C. when the Chutkin trial is over. This Trump verdict reminds me of the track record being compiled by Matthew Graves in D.C. on the Jan 6 trials. The guy never loses a case which is beyond explanation. The j6 convictions are obviously fixed because it’s D.C. The city is beyond pro deep state.
Where was the voir dire process when picking the Alvin Bragg jurors? Are they really telling me they couldn’t find a pro Trump juror? Commie Judge Merchan obviously went juror shopping. He is completely corrupted along with his daughter. And why didn’t Trump’s lawyers complain about the jury selection? I never heard a word about the process.
Get ’em all and jail ’em all. As Dan Bongino says: “Cutesie time is over. Quit screwing around!
Banastre Tarleton says
SCOTUS will chose not to get involved leaving Trump to be jailed for at least six months
Greg says
“Someone must have traduced Joseph K., for without having done anything wrong he was arrested one fine morning”– “The Trial” (1925), by Franz Kafka.
DC says
Exactly………great reference.
AND………in the novel the prosecution never tells Joseph K. what he is on trial for!
Just like Trump.
Steve Chavez says
THEY DON’T CARE MR. KLEIN! They’ll sentence him to prison because they can, they will, their Hatred demands it, otherwise, why go through all this? THEY’RE LAUGHING! I wouldn’t count on the Appeals process either because The Conspiracy includes those players too. Their is no such thing as an impartial court. All of them are CROOKED REFEREES that only calls on one side!
“A Jury of his peers!” LMAO! Two Hate Trump attorneys? Usually, jurors are on the talking show circuit seeking their fame of Indicting a President of the United States… so where are they? It’s possible when they are asked about details, the certain crime, the law, that they won’t be able to answer because their Hatred blinds them, and they were deaf and blind to the evidence and testimony. “I looked at all the evidence and I know he was guilty.” Host: “What evidence did it for you?” “Ahh… ahh… ahh.”
Another scenario is the attorneys in the jury told them not to do interviews that could focus on their comments, one anti-Trump slip, that would prove they were not impartial as sworn to. This especially if they are amongst their own… loose lips in front of those that praise you and agree with you. “God… I hated him so much that I had to get on that jury. HAHAHAHA!”
Surely, jurors are talking to their family, friends, and co-workers… they’ll slip. One Patriot is all it takes. One social media post on FB, X, comment on websites.
THE CONSPIRACY is all about the timing of all these cases. The changing of laws. WHO is the Head of the Conspiracy? There is evidence that the DA’s and AGs involved, met directly and indirectly with White House operatives to coordinate the timing of all these cases. DURING THE DEBATE… Trump will surely make the allegation, Biden will smile, “PROVE IT!” Then the evidence is exposed including coordination with Garland and his directing the number three in the DOJ to help with the NY case! Ohhhh, those visitor logs. BINGO!
arnold ahlert says
If you still think America has a justice system, know that Merrick Garland has made the audio tapes of Joe Biden’s interview with Robert Hur “top secret.” In addition, the White House admitted the tape and the already released written transcript don’t match.
Maybe progressives could explain how concealing information relevant to an election–which is the exact same thing Trump was just convicted of in NY–is OK when the DOJ and the Biden administration do it.
Just kidding. I don’t expect people with no moral compass to explain anything.
Rob A says
Oh, we have a justice system alright. A Soviet or Chicom style justice system where if the state has a real hard-on to get you or you pissed off the wrong state apparatchik, you’re guilty of whatever crime they manufacture out of thin air.
Any “show” trial is strictly to determine if you get a bullet in the back of the head or a few decades or more in a Marxist roach motel (i.e., prisoners check in but they don’t check out. Not alive!)
Roark says
This is a DemoNazi assault on the Constitution and Republic. This cannot stand.
The Supreme Court must act to save the country. This is a fabricated crime designed to undermine the country itself.
This is bigger than President Trump. This is treason most foul.
DC says
Your faith in the wea.klings of the SCOTUS is extremely misguided.
They declined Trump’s election fraud case in 2021 due to cowardice.
But I understand that people are now grasping at straws out of desperation.
Walter Sieruk says
When that American patriot, Donald Trump, was found guilty of all counts only further confirmed what I had ,sadly, discovered which is that the United States court of law, all US law courts, are now nothing but a rigged politically correct left -wing hoax.
Likewise, the US Department Of Justice has also become so thoroughly corrupted by the PC ideology of that despicable leftist/Marxist/Alliance. Therefore, the DOJ would be better termed “The Department of Injustice.”
Walter Sieruk says
After Donald Trump was found guilty by that politically correct hoax of court Joe Biden had the arrogant gall to that that court verdict “Showed that no one is above the law.”
Biden showed the impedance his own self- delusion and pride by saying that statement. .The reason why that is so is because repeatingly in many different ways times and places was and still is a horrific criminal violator of the law. Biden is ,truly, a pompous hypocrite of a politician of the most despicable sort .
If it weren’t for those corrupted leftist US courts Joe Biden would be behind bars.
Onzeur Trante says
Good article from Mr. Klein. The big question is: Do a majority of Americans understand what really happened in that courtroom? I think the answer is probably “no” due to plain ignorance and/or the left wing media propaganda that has ignored/buried the essence of what is at stake with the guilty verdict.
Any reversal that Trump might obtain, will be too late to be of meaningful help to his campaign or persona. The damage was done the day the verdict was reached.
DC says
The SCOTUS is a bunch of black robed cowards and weaklings.
Your faith in them is highly misguided.
The SCOTUS threw Trump under the bus in 2021 when they refused to hear Trump’s election fraud case.
Roberts and many of the RINO appointees were deathly afraid of Antifa and BLM.
Judge Merchan will incarcerate Trump at Rikers Island and revoke his bail during the appeal process.
Then the RINOS and Deep State will move to install Nikki Haley at the upcoming REP convention in a CIA arranged color revolution.
You will see this in only 5 weeks.
Onzeur Trante says
That’s a lot of doom and gloom you’ve outlined. Sadly, you could be right because this is the “transformed” America now.
DC says
In 5 weeks you can come back and tell me what a dunce of a pessimist I am.
Or maybe we can talk about a very big event that will seal the fate of the former USA.
Rob A says
I wish I could disagree with what you say but I’ve contended all along that the GOP establishment hates Trump just as much, if not more than the democrat establishment.
It seems rather obvious, to me at least, that the dems are hounding Trump with the acquiescence of the GOP establishment. Only the GOP peanut gallery has dared to come to Trump’s defense.
The rest of the GOP wimps are either too afraid of democrats to speak up on Trump’s behalf or are quietly enjoy seeing him get maligned, belittled and savaged by the dems and their Marxist comrades in the media and academia.
Banastre Tarleton says
YOU DONT KNOW WHAT YOU ARE TALKING ABOUT
TRump’s convention delegates will NEVER vote for Haley
Tionico says
There is one detail I have seen a few times in ccounts of this sham trial that I did not see mentioned above.
That is, while the election was in 2016, the checks were not issued tp “silence” the female who was to be paid off to shut hr mough until some time in 2017..AFTER the elction was a dine deal. So someone riddle me just HOW his checks getting signed in 2017 had =aught to do with the done election in 2016.
Further, I gag every time I ponder how this rotten excuse of a female has, after being paid some signficant amount of money, (I believe the sum was $130,000) she has since managed to perpetrate untold harm on Trumps reputation, poitical career, etc. And she was to have been :hushed” by hese payments?
FUrther I do not recall any solid esitmony as to WHO signed the actual checks, how they were labelled, etc, only that the LEDGER NOTE which was in the book keeping system labelled them something or other, and no testimony as to WHO actually made those entries into the ledger. In other words, serious question as to whether Trump signed the actual checks and/or that it was HE who made the legder entries himself.
Joseph Kafka must be laughing his head off observing this real life travesty of justice. His fabricated tale of he fictional Joseph K has nothing on this reality. I well remember reading that book in high school and thinking “this could NEVER happen in real life”. What a naif I was then. I have witnessed reality being stranger and more evil than scare-porn fiction.
Andrew Blackadder says
If you wish to know who a man is or what he thinks just look at who his enemies are.. Confucius.
”We must get out of these endless Wars”… ” We cant be the Policeman of the World anymore”…”Why are American Soldiers and American Taxpayers paying for the Military Defense of other countries from THEIR enemies” .
Donald J. Trump.
However Niel Young claims Trump is not only a danger to America but too the entire World and then he sang Give Peace a Chance and Rocking in the Free World…
Go figure…
Trump 2024.