Trump Case Rocked by Accusation Against DA – Legal Expert Claims Trump’s Constitutional Rights Were

[rangerrebew]

Trump Case Rocked by Accusation Against DA – Legal Expert Claims Trump’s Constitutional Rights Were Violated
By Adam Casalino|April 6, 2023
 
What’s Happening:
It looks like Democrats are putting all their eggs in DA Bragg’s basket. The liberal district attorney has charged Donald Trump with 34 felony counts of falsifying business records with the intent to commit another crime.

Most legal experts have dismissed the validity of the case. But it is unclear if the judge will throw it out or if a jury will actually convict a former president on such flimsy charges. Bragg is convinced Trump was trying to cover up another crime. But what was that crime? Why hasn’t Bragg charged him for that, if it is so critical to this case? He refuses to say. And that might be his undoing.


From Fox News:

Former President Donald Trump’s Sixth Amendment rights may have been violated when New York County District Attorney Alvin Bragg refused to disclose the underlying crime the defendant intended to conceal…

When questioned by a reporter as to what the underlying crime the indictment fails to name is, Bragg replied in New York State, he does not have to.

“The indictment doesn’t specify it because the law does not so require,” he told the journalist

On “Hannity,” Fox News legal analyst Gregg Jarrett forcefully dismissed Bragg’s claim, saying he likely violated Trump’s right to know what he is specifically being accused of.

https://pjnewsletter.com/da-bragg-blindsided-by-accusation-legal-expert/?utm_medium=email&utm_source=pjnewsletter

[rangerrebew]

Constitutional rights?  We ain't got no stinkin Constitution no more, especially in NY.

[Kamaji]

No, this is not the case.  If the matter were to proceed to trial on just the barebones indictment as issued, and provided that Trump made a motion to dismiss the indictment which was denied, and that denial was upheld by the appellate courts, then perhaps a 6th Amendment issue would arise.

Until that time, the standard practice is for Trump to file a request for a Bill of Particulars, to supplement the deficiencies in the indictment in terms of factual allegations, and if the indictment, as supplemented by the bill of particulars, is still deficient, to make a motion to dismiss the indictment.

Let's not jump the gun on this one.

[Maj. Bill Martin]

No, this is not the case.  If the matter were to proceed to trial on just the barebones indictment as issued, and provided that Trump made a motion to dismiss the indictment which was denied, and that denial was upheld by the appellate courts, then perhaps a 6th Amendment issue would arise.

Until that time, the standard practice is for Trump to file a request for a Bill of Particulars, to supplement the deficiencies in the indictment in terms of factual allegations, and if the indictment, as supplemented by the bill of particulars, is still deficient, to make a motion to dismiss the indictment.

Let's not jump the gun on this one.

It always amazes me how so many self-described "legal experts" are ignorant when it comes to the law of the state on which they are opining.  Most real lawyers know better, and would never consider giving a client legal advice regarding the law of a state with which the lawyer is not familiar.

[DefiantMassRINO]

What Constitutional Rights have been violated?  He's getting a jury trial.  That's the due process.

Let this be a lesson for all who make hush money payments to adult models and actresses, don't setup and register your coproration(s) and LLC(s) in New York State.

[Kamaji]

What Constitutional Rights have been violated?  He's getting a jury trial.  That's the due process.

Let this be a lesson for all who make hush money payments to adult models and actresses, don't setup and register your coproration(s) and LLC(s) in New York State.

Not necessarily.  There is a strong presumption of regularity that attaches to these court proceedings, but that presumption can be rebutted in appropriate circumstances.