The federalist

Yes, The Statute Of Limitations Has Passed On Bragg’s ‘Get Trump’ Case

District Attorney, Alvin Bragg’s charges against former President Donald Trump have recently come to the forefront. However, the D.A.’s prosecution team’s basic knowledge of the law seems to have been checked at the door. For misdemeanors in New York, prosecution must occur within two years, whereas felonies like the ones that Bragg alleges should take place within five years or be barred by the statute of limitations.

Although not new, complex, or difficult-to-manage rules and deadlines, Bragg’s team seems to be aware of them. Despite this, they have charged Trump with felonies for various reasons, including triggering a five-year limitations period on bad bookkeeping crimes. The left’s hope of seeing Trump in jail is unlikely since statutes of limitations have firm dates, and there is little leeway for a prosecutor to request a judge to set aside the statute to allow a time-barred charge to proceed to trial.

Furthermore, Bragg is limited by other courts’ formal findings regarding when certain events occurred, which he has used as the basis of his charges. These courts, including Bragg’s predecessor as the Manhattan D.A., federal prosecutors, and the Federal Election Commission, had years to prosecute Trump within various statutory limitations periods. They declined to do so, and Bragg’s grand jury handed up charges only in 2023, after the five-year limitations period had expired.

It is crucial to note that Bragg also alleges bookkeeping fraud to influence the 2016 election, which the indictment suggests occurred in 2017, post-election. Consequently, a person cannot retroactively affect an election. Additionally, if Bragg cannot locate Trump from 2016 to 2022, he has more prominent legal issues than the weak charges against Trump, according to Bragg’s own timeline.

Bragg may struggle to explain why he failed to indict Trump on time for state charges, and he will likely need to justify his failure with his already weak indictment.

Team Trump’s arguments are basic and direct. They will assert that the time for Bragg to charge Trump for the crimes specified in the indictment expired months or years ago, and they can no longer be pursued. They will argue that the D.A. has no jurisdiction or legal support to up-charge a paperwork misdemeanor to a felony by linking it to a federal election violation where a state prosecutor lacks jurisdiction.

Finally, if the case progresses to a trial, there may be concerns about a Manhattan jury being impartial, and they may convict Trump based on all the charges that the court allows to advance.

In conclusion, it is uncertain how much of the Bragg indictment will take place in the public eye, and the expectation is that it will end in dismissal. However, the left’s pursuit of Trump and subsequent charging of a former president with allegations may continue as we near the elections.



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