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Will This Malicious Prosecution Ultimately Help Trump & GOP to Retake White House?

5 Reasons Trying to Prosecute, Jail and Invalidate Candidate Trump is Preposterous


By Kelly O'Connell ——--March 20, 2023

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Everyone has an opinion about Trump's indictment and his rumored upcoming arrest. But it's possible what Democrats think is the last necessary attack to expose Donald as a true monster & knock him out of the 2024 election will backfire. Astonishingly, famed Harvard Law Professor Alan Dershowitz stated Trump can still run if indicted, and even if convicted could run the United States from prison. Meanwhile, Elon Musk states arresting Donald Trump will cause a landslide victory. So consider these problems with New York City's prosecution of Donald Trump, our once – and future president? Consider the following weak points of the prosecution:

  1. Malicious Prosecution is a “Common law intentional tort with 4 elements: (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.“ One can also sue in federal court under 42 U.S.C. § 1983 for prosecution without probable cause. The prosecution of Trump regarding Stormy Daniels is a classic case of misapplication of facts and wilful ignorance of law. For example, the Statute of Limitations ran several years ago, etc. Many legal experts have decried this indictment. See Prof Dershowitz:

    • Alan Dershowitz, Harvard Law professor emeritus, cannot fathom the concocting of this case against Trump. "I taught law for 50 years, I have no idea how you can combine a federal statute about campaign contributions with a state misdemeanor statute about other things and come up with something to charge Trump with. You know, it's 1 and 1 equal 11 here — not 1 and 1 equals 2. It's just wrong." Dershowitz added the timing is also suspect, as allegations of influence peddling against the Biden family has reached a crescendo
  1. Prosecutorial Misconduct: We realize the purpose of Trump’s NY prosecution is to stop him from running for President, or at least ruin his reputations. “Prosecutorial misconduct occurs when a prosecutor intentionally breaks a law or a code of professional ethics while prosecuting a case.” The four general elements are: “failing to disclose exculpatory evidence, introducing false evidence, using improper arguments, and discriminating in jury selection.” Clearly this has happened in the Bragg NYC DA case. Obviously, using improper arguments against Trump looms here.

    Another classic example of this was the Duke Lacrosse Case with Prosecutor Mike Nifong, who lost his law license for prosecuting a group of wealthy White Students when it was obvious from the beginning they were innocent and the so-called victim, no longer a stripper but in prison for murder, was mentally deranged. See AG criticism of Nifong. 

  1. Rule Against Impacting Elections = Tampering: Likewise, the violation of the “Long-held policy against prosecutors from impacting elections.” The fact Trump is a candidate and the prosecution so weak means this bad prosecution was done on purpose. Consider again that this DA favors dropping Felonies down to Misdemeanors, but seeks to build a Misdemeanor into a Felony here, proving he doesn’t hate crime, but just Trump. This proves the bad faith. Now ponder how many investigations of high officials are regularly refused, like Hunter Biden and all the Russia Hoax actors, along with Hillary and Obama.

  2. ROGUE DA: Dem Superstars generally drop restraint and attack Trump. So hyper political NYC DA Alvin Bragg, who actually doesn’t like prosecuting the real bad guys, is perfect for the role. See “NYC convictions plummet, downgraded charges surge under Manhattan DA Bragg,” “NYC prosecutor Alvin Bragg torched for downgrading felonies: If Bragg's a DA, 'Dahmer is a vegan.'” See Daily Mail’s headlines:

    • REVEALED: Woke Manhattan DA Alvin Bragg downgraded over HALF of felony cases to misdemeanors as criminals are free to roam streets of the Big Apple Manhattan District Attorney Alvin Bragg downgraded 52 percent of felony cases to misdemeanors, compared to 39 percent in all of 2019, according to new data Bragg wins a conviction 51 percent of the time, down from 68 percent in 2019

    A rogue DA that’s just a city prosecutor seeks secular immortality for being the boldest, baddest public leftist going so far that he knows he will make himself into a superstar. A humanitarian savior to be touted perpetually.

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  1. Rogue AG Garland: Perpetual War Against Trump: We see again this next legal gambit against Trump joins the countless others federal, state and city prosecutions and international assaults. These found their greatest achievement in Pelosi’s several impeachments,with Nancy bragging Donald would end up in prison. And the AG says:

    • Merrick Garland stated after the search warrant executed by 24 FBI agents at Donald Trump’s Mar-a-Lago estate: “Faithful adherence to the rule of law is the bedrock principle of the justice department and of our democracy. Upholding the rule of law means applying the law without fear or favor. Under my watch, that is precisely what the justice department is doing.”

    Of course, this is the same guy who sent the FBI against uppity parents at school board meetings. Further, Garland had no idea his cheap shot would hilariously uncover numerous top secret files in Biden’s and even VP Pence’s houses. Irony.

Trump has been sued something like 500 times and been subject to countless investigations since 2016. So under NYC DA Bragg – will Trump be arrested and even convicted? And could this cause a Donald landslide from sympathy and anger against Dems? Prof Dershowiz stated: "Remember that it doesn't matter if he's indicted or even convicted or even in prison: He can still run for president and serve as president. The state can't stop it and the Legislature can't stop it. It's in the Constitution."


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Kelly O'Connell——

Kelly O’Connell is an author and attorney. He was born on the West Coast, raised in Las Vegas, and matriculated from the University of Oregon. After laboring for the Reformed Church in Galway, Ireland, he returned to America and attended law school in Virginia, where he earned a JD and a Master’s degree in Government. He spent a stint working as a researcher and writer of academic articles at a Miami law school, focusing on ancient law and society. He has also been employed as a university Speech & Debate professor. He then returned West and worked as an assistant district attorney. Kelly is now is a private practitioner with a small law practice in New Mexico.


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