Everyone has an opinion about Trump's indictment and his rumored upcoming arrest. But it's possible what Democrats think is the last necessary attack to expose Donald as a true monster & knock him out of the 2024 election will backfire. Astonishingly, famed Harvard Law Professor Alan Dershowitz stated Trump can still run if indicted, and even if convicted could run the United States from prison. Meanwhile, Elon Musk states arresting Donald Trump will cause a landslide victory. So consider these problems with New York City's prosecution of Donald Trump, our once – and future president? Consider the following weak points of the prosecution:
- Malicious Prosecution is a “Common law intentional tort with 4 elements: (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.“ One can also sue in federal court under 42 U.S.C. § 1983 for prosecution without probable cause. The prosecution of Trump regarding Stormy Daniels is a classic case of misapplication of facts and wilful ignorance of law. For example, the Statute of Limitations ran several years ago, etc. Many legal experts have decried this indictment. See Prof Dershowitz:
- Alan Dershowitz, Harvard Law professor emeritus, cannot fathom the concocting of this case against Trump. "I taught law for 50 years, I have no idea how you can combine a federal statute about campaign contributions with a state misdemeanor statute about other things and come up with something to charge Trump with. You know, it's 1 and 1 equal 11 here — not 1 and 1 equals 2. It's just wrong." Dershowitz added the timing is also suspect, as allegations of influence peddling against the Biden family has reached a crescendo
- Prosecutorial Misconduct: We realize the purpose of Trump’s NY prosecution is to stop him from running for President, or at least ruin his reputations. “Prosecutorial misconduct occurs when a prosecutor intentionally breaks a law or a code of professional ethics while prosecuting a case.” The four general elements are: “failing to disclose exculpatory evidence, introducing false evidence, using improper arguments, and discriminating in jury selection.” Clearly this has happened in the Bragg NYC DA case. Obviously, using improper arguments against Trump looms here.
Another classic example of this was the Duke Lacrosse Case with Prosecutor Mike Nifong, who lost his law license for prosecuting a group of wealthy White Students when it was obvious from the beginning they were innocent and the so-called victim, no longer a stripper but in prison for murder, was mentally deranged. See AG criticism of Nifong.
- Rule Against Impacting Elections = Tampering: Likewise, the violation of the “Long-held policy against prosecutors from impacting elections.” The fact Trump is a candidate and the prosecution so weak means this bad prosecution was done on purpose. Consider again that this DA favors dropping Felonies down to Misdemeanors, but seeks to build a Misdemeanor into a Felony here, proving he doesn’t hate crime, but just Trump. This proves the bad faith. Now ponder how many investigations of high officials are regularly refused, like Hunter Biden and all the Russia Hoax actors, along with Hillary and Obama.
read more here: https://canadafreepress.com/article/5-reasons-trying-to-prosecute-jail-and-invalidate-candidate-trump-is-preposterous
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