Harry Litman - Trump's Desperate Fight to Erase His Convictions

In a significant filing that reshapes the debate over Trump’s 34 felony convictions in New York, DA Alvin Bragg on Tuesday served up to Justice Juan Merchan a menu of options for preserving Trump’s convictions while still accommodating the constitutional interests that Trump insists dictate complete erasure of the case.

Bragg’s measured and temperate 81-page argument acknowledges the weighty factors favoring closing up shop. These include the impalpable effects on the office from the stigma of criminal proceedings as well as the practical challenges of attending to a criminal prosecution while in office. (Those practical challenges, as Bragg pointed out, are much reduced here since the trial is completed and the actual sentencing will take up little time.)

Counterbalancing these considerations, however, Bragg emphasized the substantial public costs to “legitimate governmental objectives” of vacating the convictions. Most importantly, Bragg argued that granting Trump’s motion would undermine public confidence in the criminal justice system.

Merchan already has shown some sensitivity to the historical dilemma posed by Trump’s re-election, including by permitting this wide-ranging motion to be filed before he decided on sentencing. Bragg’s argument, and its array of alternatives for the court, gave Merchan room to maneuver without unraveling the entire prosecution and jury verdict.

https://harrylitman.substack.com/p/trumps-desperate-fight-to-erase-his