The Corner

Law & the Courts

Kristof on Bragg

NYT columnist Nicholas Kristof asks, “Do Critics of Trump’s Indictment Have a Point?” Maybe, he says, though he pushes back against specific criticisms. Including this one, from me:

If a prosecution that even some of Trump’s critics consider a stretch brings him down, then we can expect more dubious prosecutions of politicians in both parties. District attorneys in deep-red jurisdictions can be just as creative as those in New York. Republican voters may grow more adamant about demanding it.

Kristof’s answer:

Yes, I can see Republican D.A.s going after Hunter Biden or Homeland Security Secretary Alejandro Mayorkas. But charging decisions should be made on their merits, not based on the risk of retaliation.

I agree with his last sentence there: If Bragg had a strong case, the mere possibility that Republicans would meet it with abusive prosecutions of Democrats would not be a good reason for him to stand down. The problem, though, is that it’s a very weak case, and the more success it has the more it will lower the bar for what Republican prosecutors and voters will consider fair and be able to defend.

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