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WSJ Opinion: Free Expression

New York v. Trump: Politics v. The Law?

WSJ Opinion: Free Expression

Gerard Baker, Editor at Large, The Wall Street Journal

Society & Culture, News

4.6591 Ratings

🗓️ 22 March 2023

⏱️ 33 minutes

🧾️ Download transcript

Summary

Is Donald Trump in legal peril, or is he the target of a political prosecution? On this episode of the Free Expression Podcast, legal scholar Jonathan Turley tells Wall Street Journal Editor at Large Gerry Baker why Alvin Bragg's pursuit of an indictment is a true abuse of the justice system, how the case can be used to Donald Trump's advantage, and why the Mar-a-Lago investigation is the legal jeopardy the former President should be concerned about the most.   Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

From the opinion pages of the Wall Street Journal, this is Free Expression with Jerry Baker.

0:08.4

Hello and welcome to Free Expression with me, Jerry Baker, from the Wall Street Journal editorial page.

0:13.0

I'm delighted you're joining us. If you're not already a subscriber, please do subscribe to Free Expression wherever you get your podcasts.

0:18.9

This week, a looming indictment for Donald Trump.

0:22.6

Legal peril or political advantage? Or maybe both. Manhattan's district attorney, Alvin Bragg,

0:27.6

is expected to file an indictment of the former president any day now. The charge seems to

0:32.0

relate to the payment of hush money to what we decorously in these parts call an adult movie star

0:36.9

Do Stormy Daniels,

0:38.3

to keep her from revealing details in the run-up to the 2016 election of an earlier affair

0:43.0

she alleged she had with Mr. Trump.

0:45.0

And Michael Cohen, Mr. Trump's attorney, paid Ms. Daniels, $130,000 and then received

0:49.5

reimbursement from the Trump organization for the payments.

0:52.1

When the Wall Street Journal broke the story in January 2018, Mr. Trump denied it vehemently, but it never went away, and various prosecutors

0:59.7

investigated a possible crime. But after much legal towing and throwing and lots of doubt about

1:05.2

the wisdom of bringing a case, finally, Mr. Bragg in New York decided to pursue a potential prosecution.

1:12.1

Now, the alleged offense Mr. Trump is charged with is falsification of business records,

1:16.0

which under New York law is actually a misdemeanor, meaning no prison time,

1:20.3

but it becomes a felony if such falsification was done in furtherance of a crime,

1:25.0

which is what Mr. Bragg is now alleging.

2:01.2

Now, of all the investigations Mr. Trump's face in the last few years, this one always seemed the weakest. A few such prosecutions are ever brought, and many people sympathize with the former president's claim that it's a witch hunt against him. So what's going to happen? Is there really a strong legal case for the former president to answer? How will it play out in political terms? Does it reinforce his narrative that he's the subject of a never-ending pursuit by opponents, now using the law to go after him in a manner more resonant of a banana republic? Where does it leave the state of trust in America's judicial system? Well, to talk about all this. I'm pleased to welcome back this week, Jonathan Turley. You'll be very familiar with Jonathan, lawyer, writer, legal scholar, commentator,

2:05.1

professor at George Washington University Law School. He's testified in impeachment hearings,

2:10.5

including those of President Trump, and has served as counsel in multiple prominent cases on constitutional law matters. And Jonathan Turley joins me now. Jonathan, thanks very much

...

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