Big Tent Ideas

JOSH HAMMER: Alvin Bragg Has Brought America To A Point Of No Return

ANGELA WEISS/AFP via Getty Images

Daily Caller News Foundation logo
Josh Hammer Contributor
Font Size:

The Roman historian Suetonius described Julius Caesar as timid and noncommittal as he initially approached the Rubicon River — a shallow and narrow waterway that, at the time, demarcated the boundary between Cisalpine Gaul and Italy proper — in January 49 B.C.E.

In fact, the historian ultimately attributed Caesar’s decision to cross the waterway, precipitating a four-year civil war and ultimate Caesarian dictatorship, to the supernatural. Prior to crossing, again according to Suetonius, Caesar uttered the now-infamous phrase: “The die has been cast.”

While we cannot know for certain whether New York County, New York District Attorney Alvin Bragg’s catastrophic decision to successfully indict and arraign a former president of the United States was partially attributable to an intervening apparition, we can reasonably conclude that the actions of this past week have cast a most woeful die for the trajectory of our decadent, declining republic.

The 34-count formal indictment of former President Donald Trump, laughably meritless on the legal merits and scandalously imprudent on the broader political judgment, represents a genie that cannot, and will not, ever be returned to its bottle. (RELATED: DEROY MURDOCK: Don’t Let The Atomic Weapons Fool You. America Is A Third World Country)

Much ink has already been spilled on the glaring legal deficiencies in Bragg’s case, which ought to be evident to any competent first-year law student and which had led Bragg’s predecessor Cyrus Vance Jr., U.S. prosecutors and — in the not-so-distant past — Bragg himself to eschew prosecution.

The underlying New York State crime that Trump allegedly violated and which is the exclusive crime invoked in the formal indictment, falsifying business records in the first degree, has a two-year statute of limitations under New York criminal law. The final alleged criminal bookkeeping action — a “hush money” payment to former porn star Stormy Daniels by former Trump “fixer,” and more recent convicted felon, Michael Cohen — was on Dec. 5, 2017.

The statute of limitations thus tolled over three years ago. That alone should suffice to dismiss the case.

Bragg’s theory appears to be that he can somehow evade this, and simultaneously enhance the misdemeanor to a felony, by proving — beyond a reasonable doubt, naturally — that Trump’s bookkeeping falsifications were done in furtherance of another crime. But Bragg, remarkably, has not said what that crime is. (RELATED: PETER ROFF: The Circus Has Come To Town)

It appears to be some amorphous combination of skirting federal campaign law and/or New York State election law, in the context of Trump’s successful 2016 presidential run; but the former has a five-year statute of limitations (thus also tolled) and is also well outside Bragg’s legitimate prosecutorial jurisdiction as a county district attorney, and the latter should not properly apply to a U.S. presidential candidate.

Moreover, even ignoring the dispositive statute of limitations and jurisdictional issues, the very thing Bragg would need to prove to a jury “beyond a reasonable doubt” to secure the felony enhancement — that Trump directed Cohen to make the payments with the specific intent to benefit his 2016 presidential campaign — is rebutted by Cohen himself, who has testified under oath that Trump requested the payments to be made furtively to spare his family personal embarrassment.

Bragg, lest it go unstated, is the same George Soros-funded “reform prosecutor” who has overseen a 22% year-over-year increase in New York City’s crime rate, even as he has downgraded a whopping 52% of felonies to misdemeanors. In the Big Apple, homicides are spiking, illegal guns are everywhere, single women are afraid to walk the streets of Manhattan alone and commuters are terrified to ride the subway lest insane homeless persons push them into oncoming trains.

Yet this is how Alvin Bragg, who, along with New York State Attorney General Letitia James, ran on an open and explicit “Get Trump” campaign platform, chooses to spend his time, expend his prosecutorial resources and seek misdemeanor-to-felony enhancements.

But the deed is done. If not dismissed beforehand, a trial would likely not unfold until later this year or early next.

And in the interim, other ambitious prosecutors investigating Trump in Georgia and Washington, D.C., have now watched Bragg shatter the hitherto unbroken precedent of the ruling political party never criminally indicting a former and defeated president of the opposite political party, which had been — until this past week — one of the few remaining things to which we might point to distinguish our late-stage republic from its third-world banana republic equivalents the world over.

Perhaps additional indictments in those jurisdictions will indeed follow. Either way, the political ramifications for the 2024 Republican presidential primary are legion. (RELATED: BETSY MCCAUGHEY: Trump’s Trial Should Be Televised)

With the precedent forever shattered, the onus now falls on the “deplorables” of the American Right to sober up and recognize that the United States is now at the point of no return when it comes to weaponizing governmental powers and partisan prosecutorial apparatuses to reward political friends and punish political enemies within the (sometimes highly debatable, as is the case here) confines of the rule of law.

There is simply no choice but for the Right, and for Republican prosecutors in deep-red jurisdictions across the country, to prudentially and reasonably respond in kind, upping the ante further in the short- to mid-term in an attempt to ultimately de-escalate toward a long-term “mutually assured destruction” footing.

Surely there is some creative and ambitious right-wing prosecutor in the Oklahoma Panhandle or West Texas who would like to summon Hunter Biden or Anthony Fauci out to “flyover country,” right?

Sometimes, the only way out is through.

To find out more about Josh Hammer and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate website at www.creators.com.

COPYRIGHT 2023 CREATORS.COM

The views and opinions expressed in this commentary are those of the author and do not reflect the official position of the Daily Caller News Foundation.

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.

PREMIUM ARTICLE: Subscribe To Keep Reading

Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign Up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
BENEFITS READERS PASS PATRIOTS FOUNDERS
Daily and Breaking Newsletters
Daily Caller Shows
Ad Free Experience
Exclusive Articles
Custom Newsletters
Editor Daily Rundown
Behind The Scenes Coverage
Award Winning Documentaries
Patriot War Room
Patriot Live Chat
Exclusive Events
Gold Membership Card
Tucker Mug

What does Founders Club include?

Tucker Mug and Membership Card
Founders

Readers,

Instead of sucking up to the political and corporate powers that dominate America, The Daily Caller is fighting for you — our readers. We humbly ask you to consider joining us in this fight.

Now that millions of readers are rejecting the increasingly biased and even corrupt corporate media and joining us daily, there are powerful forces lined up to stop us: the old guard of the news media hopes to marginalize us; the big corporate ad agencies want to deprive us of revenue and put us out of business; senators threaten to have our reporters arrested for asking simple questions; the big tech platforms want to limit our ability to communicate with you; and the political party establishments feel threatened by our independence.

We don't complain -- we can't stand complainers -- but we do call it how we see it. We have a fight on our hands, and it's intense. We need your help to smash through the big tech, big media and big government blockade.

We're the insurgent outsiders for a reason: our deep-dive investigations hold the powerful to account. Our original videos undermine their narratives on a daily basis. Even our insistence on having fun infuriates them -- because we won’t bend the knee to political correctness.

One reason we stand apart is because we are not afraid to say we love America. We love her with every fiber of our being, and we think she's worth saving from today’s craziness.

Help us save her.

A second reason we stand out is the sheer number of honest responsible reporters we have helped train. We have trained so many solid reporters that they now hold prominent positions at publications across the political spectrum. Hear a rare reasonable voice at a place like CNN? There’s a good chance they were trained at Daily Caller. Same goes for the numerous Daily Caller alumni dominating the news coverage at outlets such as Fox News, Newsmax, Daily Wire and many others.

Simply put, America needs solid reporters fighting to tell the truth or we will never have honest elections or a fair system. We are working tirelessly to make that happen and we are making a difference.

Since 2010, The Daily Caller has grown immensely. We're in the halls of Congress. We're in the Oval Office. And we're in up to 20 million homes every single month. That's 20 million Americans like you who are impossible to ignore.

We can overcome the forces lined up against all of us. This is an important mission but we can’t do it unless you — the everyday Americans forgotten by the establishment — have our back.

Please consider becoming a Daily Caller Patriot today, and help us keep doing work that holds politicians, corporations and other leaders accountable. Help us thumb our noses at political correctness. Help us train a new generation of news reporters who will actually tell the truth. And help us remind Americans everywhere that there are millions of us who remain clear-eyed about our country's greatness.

In return for membership, Daily Caller Patriots will be able to read The Daily Caller without any of the ads that we have long used to support our mission. We know the ads drive you crazy. They drive us crazy too. But we need revenue to keep the fight going. If you join us, we will cut out the ads for you and put every Lincoln-headed cent we earn into amplifying our voice, training even more solid reporters, and giving you the ad-free experience and lightning fast website you deserve.

Patriots will also be eligible for Patriots Only content, newsletters, chats and live events with our reporters and editors. It's simple: welcome us into your lives, and we'll welcome you into ours.

We can save America together.

Become a Daily Caller Patriot today.

Signature

Neil Patel