The bombshell dropped in the New York Times in the form of former Manhattan ADA Mark Pomerantz's letter saying that Manhattan District Attorney Alvin Bragg is wrong not to take evidence of the Malignant Loser's multiple felonies to a grand jury is causing many to question not only Bragg's judgement but his competence and courage. Bragg was elected to his office as a nominal Democrat last November following the retirement of Cyrus Vance, Jr., who wanted the case against Trump to go to the grand jury. Now, legal experts are saying Bragg's inertia and lack of interest in pursuing justice for Trump's felonies place him and the case in peril, as Newsweek reports:
"Speaking to Newsweek, former Los Angeles County prosecutor and criminal defense attorney Josh Ritter said that Bragg is now in a no-win situation regarding how he continues the investigation into Trump, and that Pomerantz's letter presents 'huge problems' for him and the former president.
"'What Mr. Pomerantz is describing cannot be characterized as a simple difference in opinion between prosecutors. The letter is nothing short of a scathing rebuke on Mr. Bragg's refusal to bring charges against Trump for what Mr. Pomerantz describes as clear-cut criminal behavior,' Ritter said.
"'This letter places Mr. Bragg in a completely untenable position. If Mr. Bragg were to now reverse course and pursue an indictment against Trump, he will no doubt be excoriated for bowing to political pressure. Conversely, if Mr. Bragg maintains his current position the letter raises questions about Mr. Trump's potential crimes that cannot remain unanswered.'" (our emphasis)
The "untenable position" is one that Bragg put himself into, ignoring the solid evidence gathered over the past two years by a team of experienced prosecutors of major financial fraud cases and ignoring the advice of his long-serving predecessor. Neama Rahmani, a former Federal prosecutor quoted in the Newsweek article put the problem this way:
"'Criminal prosecutions get worse over time, and delay benefits the defense,' Rahmani said. 'Witness memories fade, evidence disappears, and statute of limitations run. Bragg's apparent decision to delay the investigation and his reluctance to bring charges now is a clear win for Trump.'"There will be a time when Bragg's motivation will be clearer, given the headwinds against his decision in his own office, and that time can't come too soon. One question that should give pause: if he ran knowing that he would inherit this case, why didn't he tell the voters that he'd drop it? In the meantime, reassign the case to the State of New York's estimable Attorney General Letitia James, who will get the job done and is fearless and up to speed with the evidence. Then Bragg needs to be challenged in the next election by a Dem with integrity and courage who believes that no one is above the law.
