Opinion: Why the Trump indictment isn't as legally dubious as many claimed (via latimesopinion )
Cases brought by Alvin Bragg and E. Jean Carroll put the ex-president in the impossible position of having to take the stand to make much of his case.influencing a federal election. That would require showing that the election would not have proceeded as it did if he had not paid hush money to Stormy Daniels and Karen McDougal, which would be a very tall order. Trump may well have won in 2016 even if Daniels and McDougal told their stories before the election.
This isn’t to say we know how the case will turn out. People with the money to hire first-rate defense attorneys are regularly acquitted of quite ordinary charges. And judges are sometimes moved by specious arguments to the effect that ordinary charges are extraordinary. But there is nothing extraordinary, much less new, about being charged with attempting to commit a crime in the jurisdiction where you made the effort — even if the successful crime would have taken place elsewhere.
Gideon Yaffe is a criminal law professor and a member of the Justice Collaboratory at Yale Law School. He is the author of “Attempts: In the Philosophy of Action and the Criminal Law.”
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