Donald Trump’s prosecution puts American law on trial too

Already a subscriber?The civil and criminal cases brought by the New York Attorney General and the New York County District Attorney againstraise the question: what is the role of law? Is law a ritual for, or a restraint on, the exercise of power in New York?

There are more than 3100 judges and justices in the New York State Unified Court System who wield the state’s power either by election or appointment.Which brings us back to New York’s cases against Donald Trump and the question these cases raise as America and the world watch: Is New York a rule-by-law or a rule-of-law state?

Now we are at the start of a criminal trial brought by a single county’s prosecutor against the former president of the entire United States – and lawyers everywhere are reading the indictment and statement of facts, scratching their heads and wondering: how can the judge let this case go forward? On its face, the indictment appears to have fatal flaws.

Digging further into the record, Trump’s lawyers made these obvious arguments and others in a motion to dismiss last year, which the judge dismissed two months ago. To be diplomatic, I found the opinion unconvincing and conclusory.This is a huge case, and it’s not just about Donald Trump. The elected and appointed officials who are bringing and hearing this case on behalf of the People of New York should understand that New York and its legal system are on trial too.

Source: Law Daily Report (lawdailyreport.net)

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