Ahead of Potential Trump Indictment, Manhattan DA Faces Questions Over ‘Tenuous and Untested’ Legal Theory

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As former President Donald Trump appears poised to become the first former U.S. president to be indicted on criminal charges, a potential prosecution could have grave consequences for the nation’s justice system and the democratic election process, scholars and political leaders say.

After leaked information about the secret grand jury process made its way into news reports, talk of Trump’s impending indictment in New York ramped up last week. On March 18, Trump acknowledged that he expected to be indicted and arrested on March 21.

It was unclear whether the expected indictment could be delayed or changed after a new witness, attorney Robert Costello, came forward to testify to the grand jury on March 20. Costello raised concerns about the credibility and honesty of Michael Cohen, a former Trump attorney, who testified to the Manhattan grand jury on March 15 and is considered a key witness against Trump. Costello, Cohen’s former legal adviser, obtained an attorney–client privilege waiver from Cohen.

Even before any official criminal action has been taken against Trump, the prospect of an indictment has plunged Trump and the nation into uncharted waters as the world watches.

Bracing for Impact

Law enforcement officials erected barricades in Manhattan on March 20, preparing for possible protests, as Republican congressional leaders chastised New York County District Attorney (DA) Alvin Bragg Jr., a Democrat, for pursuing charges against Trump.

An indictment of Trump would “erode confidence in the evenhanded application of justice and unalterably interfere in the course of the 2024 presidential election,” a letter from a trio of congressional leaders said.

Trump, the frontrunner for the Republican presidential nomination, insists that like all the previous Democrat attempts to charge him with a crime, there’s no crime there. He fired off a barrage of statements railing against the latest “witch hunt” against him; his supporters point to Democrat politicians who have evaded accountability for serious allegations of wrongdoing.

Meanwhile, Trump’s foes are salivating at the thought of seeing the former president indicted in a tawdry scandal.

By Janice Hisle

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