Jonathan Turley "The 2024 presidential campaign technically began months ago with the first announced candidates. Yet April 4 will be “Super Tuesday” for America’s first carceral presidential campaign, with the arrest and arraignment of Donald Trump. With the exception of the socialist (and incarcerated) Eugene Debs in 1920, we have not faced the prospect of a president who could be elected with both a term of office and a term of imprisonment.
"The New York indictment of Trump has been widely criticized as politically motivated and legally flawed. Manhattan District Attorney Alvin Bragg boasted during his 2021 campaign about being best suited to go after Trump, and he is making good on his boast with a highly dubious bootstrapped legal theory.
"The New York indictment will face considerable challenges. Those challenges will likely take some time to resolve, and if this case follows the customary schedule of criminal matters, it still may be pending when Americans go to the polls to select the next president in 2024.
"In addition, a Georgia grand jury reportedly has finished its work on other charges against Trump. Weeks ago, Emily Kohrs, the forewoman of that special grand jury, gave a series of bizarre giggling interviews about nailing Trump. It is a mystery, given Kohrs’ apparent confirmation of pending charges, why Fulton County District Attorney Fani Willis has held back on an indictment.
"Although stronger than the Manhattan case, the Georgia case has its own problems but could make it to trial because those problems are largely fact questions generally left to jurors. But it too would likely be pending by Election Day 2024.
"The most serious threat among the potential cases is being developed by Justice Department special counsel Jack Smith. His investigation of Trump’s role in the Jan. 6, 2021, Capitol riot is unlikely to result in charges and, if it does, is unlikely to survive challenges on First Amendment grounds. His investigation of the Mar-a-Lago classified-documents controversy presents a far more established — and, frankly, easier — route for prosecution. From its earliest filings, the Justice Department maintained there is evidence of obstruction and false statements — claims that it could use to distinguish any prosecution from the unlawful possession of classified material by President Joe Biden or former Vice President Mike Pence.". . . More...
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