Fmr. SCOTUS Clerk: Bragg Has No Authority to Enforce Federal Law. Trump Gagged but Not Michael Cohen.

RE: NEW YORK TRIAL (DEMOCRAT DISTRICT ATTORNEY ALVIN BRAGG) v. DONALD TRUMP Case: New York v. Trump, No. 71543-23

Former Scalia & Thomas clerk Chris Landau discussed Manhattan District Attorney Alvin Bragg’s case against Trump on ‘The Ingraham Angle.’ (April 16, 2024) Highlights Chris Landau: – Bragg doesn’t have the authority to enforce federal law. – This is unprecedented, as far as I’m aware, to have a criminal defendant subject to a gag order particularly when it is non-reciprocal like Michael Cohen can say whatever he wants and Trump can’t speak back. – For the first time in American history we’re putting a former President and a current candidate on trial – on a criminal trial – during the middle of the campaign season. – The judge is saying if you miss one day of trial, I’m going to hold you in contempt, I can put you in jail!

Video Via Fox News and YouTube

Rush Transcript LANDAU [0:27]: One of the crazy things about this [case] is that basically Alvin Bragg…the Soros funded DA in New York has inflated misdemeanor charges into felonies by saying that these alleged misstatements were concealing another crime, well, that other crime is an alleged federal crime that none of the federal officials, even in the Biden administration Justice Dept or the FEC, they’ve investigated but they haven’t done anything. INGRAHAM [0:57]: Just to reset it’d be a campaign finance expenditure fraud that was trying to be concealed by the hush-money payment, so your point is that Bragg has no authority to make rulings on – to make arguments based on federal law since the feds have not charged the President or found guilt in the President any of this. LANDAU: That seems like a pretty strong argument to me that Alvin Bragg, the New York local DA doesn’t have the authority to enforce federal law. … INGRAHAM [2:15]: So the due process argument here that the President cannot get a fair trial given how this is conducted – with the underlying bias of the judge, the political connections all of that – that goes to the 14th Amendment claim of you can’t – he can’t get due process. INGRAHAM [2:30]: On top of that is the First Amendment issue …this is an overbroad order that goes to the fundamental right of an individual to stand against a government trying to imprison him. I mean, that is just shocking for most Americans to hear that. … LANDAU [2:58]: The gag order is a separate issue. Maybe Trump will have an ability to appeal the gag order if there’s an attempt to enforce it upon him – against him during the course of the trial. And again, you are 100% right that this is unprecedented, as far as I’m aware, to have a criminal defendant subject to a gag order particularly when it is non-reciprocal like Michael Cohen can say whatever he wants and Trump can’t speak back. … LANDAU [3:59]: The legal system itself is on trial here as well as Donald Trump…The legal system is on trial in front of the whole world. For the first time in American history we’re putting a former President and a current candidate on trial – on a criminal trial – during the middle of the campaign season. And basically, the judge is saying if you miss one day of trial, I’m going to hold you in contempt, I can put you in jail! …

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