Fox News: Turley: This is the ultimate ‘gravedigger’ indictment

Fox News contributor Jonathan Turley says in trying Trump for Stormy Daniels case, the Manhattan district attorney is litigating a federal crime that the federal government did not deem necessary to bring to court.  #foxnews

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Transcript

TOWARDS BOTH OF THOSE COUNTRIES. >> Sandra: AND WE WILL HAVE MORE AS THE WHITE HOUSE BRIEFING GETS UNDERWAY. WE WILL DIP IN THERE AS THE Q & A BEGINS. AND A GRAND JURY CASE COULD LEAD TO AN INDICTMENT AGAINST FORMER PRESIDENT TRUMP. MINUTES AGO WITNESS ROBERT COSTELLO ARRIVED AT THE COURTHOUSE IN MANHATTAN.

HE ONCE SERVED AS A LEGAL ADVISER TO MICHAEL COHEN. THE FORMER PRESIDENT SAYS HE EXPECTS TO BE ARRESTED TOMORROW IN A HUSH MONEY CASE BROUGHT BY MANHATTAN DISTRICT ATTORNEY ALVIN BRAGG. OUR NEXT GUEST IS HIGHLY CRITICAL OF BRAGG, ARGUING HE’S BRINGING THE CASE BACK FROM THE DEAD. JONATHAN TURLEY IS WITH US NOW.

JONATHAN, WHY WOULD HE DO THAT? >> WELL, THIS IS THE ULTIMATE GRAVE DIGGER’S INDICTMENT. HE WENT BACK SEVEN YEARS TO DIG UP WHAT’S REALLY A MISDEMEANOR UNDER NEW YORK LAW, AND HE’S TRYING TO USE THAT TO COMBINE IT WITH PARTS OF THE FEDERAL CODE TO LITIGATE A FEDERAL ELECTION

VIOLATION THAT THE DEPARTMENT OF JUSTICE DECLINED TO BRING TO COURT. DECLINED TO CHARGE. NOW, IF THAT’S NOT WEIRD ENOUGH, HE HAS TO BE ABLE TO MAKE THAT LINKAGE BECAUSE HE’S RUN OUT OF TIME. I MEAN, THE STATUTE OF LIMITATIONS ON THAT MISDEMEANOR IS JUST TWO YEARS. SO THERE’S A GREAT DEAL OF

PROBLEM WITH THIS INDICTMENT THAT’S BEING REPORTED IN THE MEDIA. BUT THE REAL PROBLEM I THINK ULTIMATELY IS THE WEAPONIZATION OF THE CRIMINAL JUSTICE SYSTEM FOR POLITICAL PURPOSES. I MEAN, BRAGG HAS JUST GIVEN DONALD TRUMP THE ULTIMATE CASE POSITIVE OF HIS CLAIM THAT THE SYSTEM IS BEING USED FOR POLITICAL PURPOSES.

I DO THINK THIS IS A POLITICAL PROSECUTION. BRAGG HIMSELF THREW A FLAG ON THIS PLAY WHEN HE CAME INTO OFFICE. HE STOPPED THIS CASE FROM MOVING FORWARD, TWO OF HIS PROSECUTORS RESIGNED, AND THEN THERE WAS THIS PUBLIC CAMPAIGN TO PRESSURE HIM TO MOVE FORWARD. >> Sandra: IN YOUR PIECE, WHICH

YOU BEGIN, IT’S MOVING, IT’S ALIVE, IT’S ALIVE, IT’S MOVING, IT’S ALIVE, TALKING ABOUT BRAGG BRINGING THIS CRIMINAL CASE BACK FROM THE DEAD BUT YOU SAY — BUT HE MAY HAVE REANIMATED TRUMP’S CHANCES. YOU WRITE THIS, 1931 MOVIE “FRANKENSTEIN” CAME TO MIND AS ALVIN BRAGG PREPARED AN INDICTMENT OF FORMER PRESIDENT TRUMP.

THE ULTIMATE GRAVE DIGGER CHARGE, YOU WRITE, BRAGG UNEARTHED A CASE FROM 2019 AND THROUGH A SERIES OF NOVEL STEPS IS SEEKING TO BRING IT BACK TO LIFE. YOU ALSO, THOUGH, DETAIL AND WRITE ABOUT BRAGG ATTEMPTING SOMETHING YOU SAY MANY LAWYERS THINK IS AS IMPROBABLES A THE REANIMATION OF THE DEAD.

EXPLAIN FURTHER AND WHAT WE ARE ABOUT TO SEE HAPPEN. WHAT DO THE NEXT COUPLE OF DAYS HOLD? >> WELL, THERE’S A HOST OF LEGAL PRINCIPLES DESIGNED TO KEEP THIS FROM HAPPENING, THAT YOU ARE TAKING SOMETHING THAT HAS A STATUTE OF LIMITATIONS OF TWO YEARS AND TRYING TO BRING IT

BACK TO LIFE SEVEN YEARS LATER. AND YOU HAVE THE MANHATTAN D.A. TRYING TO LITIGATE A FEDERAL CRIME THAT THE FEDERAL GOVERNMENT DIDN’T FEEL NEEDED TO BE LITIGATED, DIDN’T BRING TO COURT. ALL OF THAT IS TROUBLING IN AND OF ITSELF, BUT YOU THEN COMBINE THAT WITH THE TIMING HERE.

WE ARE IN THE MIDDLE OF A PRESIDENTIAL ELECTION AND YOU HAVE BRAG GOING TO THESE EXTRAORDINARY STEPS TO TRY TO PROSECUTE DONALD TRUMP. AND FOR TRUMP, HE COULD NOT HAVE HOPED FOR A BETTER CASE TO START WITH. HE’S BEING THREATENED ON A NUMBER OF FRONTS. IF HE HAD TO CHOOSE, THIS WOULD

BE IT. BECAUSE BRAGG IS COMPLETING THE NARRATIVE, HE’S GIVING HIM AN EXAMPLE OF THE VERY THING THAT TRUMP HAS BEEN COMPLAINING ABOUT, THAT HE’S BEING TARGETED FOR POLITICAL PURPOSES. I JUST DON’T SEE HOW YOU COULD REACH ANY OTHER CONCLUSION. I MEAN, NOBODY SERIOUSLY THINKS THAT ANY INDIVIDUAL EXCEPT DONALD TRUMP WOULD WARRANT OR

BRING THIS TYPE OF RATHER BIZARRE REAL THEORY TO LIFE. >> Sandra: FOR HIS PART, THE FORMER PRESIDENT SAYS HE DOES EXPECT TO BE ARRESTED TOMORROW, JONATHAN, TO YOUR POINT ABOUT THE SERIOUS CHALLENGES TO THIS PROSECUTION, YOU SAY THERE ARE MANY, BUT MOST IMPORTANTLY YOU SAY AN ARGUMENT THAT TIME HAS

EXPIRED UNDER THE STATUTE OF LIMITATIONS. IS THAT THE ULTIMATE END ALL BE ALL HERE, JONATHAN? >> WELL, BRAGG CAN TRY TO TOLL THE STATUTES, THERE ARE ARGUMENT HE CAN MAKE. IF HE CAN BOOT STRAP THIS FEDERAL CRIME INTO HIS MANHATTAN CASE, HE CAN EXTEND THE STATUTE OF LIMITATIONS TO FIVE YEARS.

BUT EVEN THAT SEEMS TO BE A BIT EXPIRED AT THIS POINT. THEN YOU HAVE TO GET THE COURT TO AGREE THAT THIS TYPE OF BOOT STRAPPING IS ALLOWED UNDER STATE LAW. NOW, HE MIGHT BE ABLE TO GET A FAVORABLE JUDGE, CERTAINLY CAN GET A LIKELY FAVORABLE JURY IN

NEW YORK. BUT THAT ALSO MEANS THAT THIS IS BUT THAT ALSO MEANS THAT THIS IS GOING TO FACE VERY SIGNIFICANT APPELLATE CHALLENGES AND BEYOND

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