New York District Attorney Alvin Bragg may have violated Donald Trump’s Constitutional rights according to Fox News legal analyst Gregg Jarrett.
On “Hannity,” Jarrett said that Bragg’s refusal to disclose the underlying crime the defendant intended to conceal through his alleged falsification of business records violated the Sixth Amendment.
The Sixth Amendment provides in part for the right of a criminal defendant to “be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor…”
When questioned by a reporter as to what the underlying crime the indictment fails to name is, Bragg replied in New York State, he does not have to.
“The indictment doesn’t specify it because the law does not so require,” he told the journalist.
“He does [have to name it, via] the Sixth Amendment,” Jarrett said. “[The indictment] is therefore facially defective. It is deficient on its face and it would be susceptible to a motion-to-dismiss.”
Jarrett recalled a warning from former Supreme Court Justice Robert H. Jackson, a Nuremberg Trial prosecutor, who said the “greatest danger to justice is an unscrupulous prosecutor who targets a person and then scours the law books to find an offense he can pin on that person.”
“That’s what Alvin Bragg has done,” he said.
Last Thursday, the New York grand jury voted to indict former President Donald Trump for his alleged role in a hush money bribe to adult film star Stormy Daniels amid the 2016 presidential election in DA Alvin Bragg’s yearslong investigation into the real estate mogul.
Federal prosecutors in the Southern District of New York opted out of charging Trump related to the Daniels payment in 2019. The Federal Election Commission also tossed its investigation into the matter in 2021.
On Tuesday, the former President surrendered to the Manhattan Criminal Court for his arraignment. Trump pleaded not guilty to 34 counts of falsifying business records.