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pnwmom

(108,977 posts)
Sat Mar 26, 2022, 11:24 PM Mar 2022

Under NY law, Gov. Hochul could direct Letitia James to take over the DJT prosecution Bragg dropped.


https://www.nydailynews.com/opinion/ny-oped-trump-prosecution-can-continue-20220325-otvwiq3gzza5nlfqpf75zsupcu-story.html

Richard Briffault, a Columbia University law professor whose specialty is constitutional law, told me that the governor’s authority to take the case away from Bragg is beyond dispute.

“It is clear under the state Constitution, state law and state judicial precedent that the governor has the power to direct the state attorney general to take over criminal cases like this,” Briffault said after reviewing the relevant law and judicial rulings.

SNIP

John Moscow, in the last century a legendary white-collar prosecutor under then-District Attorney Robert Morgenthau, said that Hochul should promptly appoint James to take control of the case.

His view, like mine, is based on Pomerantz’s resignation letter. Published Wednesday in The New York Times, it essentially says that despite what the veteran prosecutor insists is a strong, provable case, Bragg feared losing at trial.

In his resignation letter, Pomerantz wrote: “Donald Trump is guilty of numerous felony violations of the Penal Law in connection with the preparation and use of his annual Statements of Financial Condition. His financial statements were false, and he has a long history of fabricating information relating to his personal finances and lying about his assets to banks, the national media, counterparties, and many others, including the American people.”
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Under NY law, Gov. Hochul could direct Letitia James to take over the DJT prosecution Bragg dropped. (Original Post) pnwmom Mar 2022 OP
This is good news. Bragg needs to overruled, vetoed. . . . nt Bernardo de La Paz Mar 2022 #1
Will she though? JohnSJ Mar 2022 #2
Exactly! Miguelito Loveless Mar 2022 #3
Relatives in Jamaica Queens tell me that this Governor's husband .... LenaBaby61 Mar 2022 #6
Any links to stories about this accusation? DinahMoeHum Mar 2022 #8
A duly elected Democrat deserves better than bashing him. But that's 2022. Hoyt Mar 2022 #4
Seriously, fuck this guy. Feet to the fire. We don't bow to the D. We demand action. Lucky Luciano Mar 2022 #12
You demand action, with no proof Bragg did any wrong . Tired of us eating our own over trump. Hoyt Mar 2022 #13
Oh for Christ's sake, don't we have a DOJ that is supposed to do this? dem4decades Mar 2022 #5
Why would you assume Federal is better than being prosecuted by AG Letitia James? n/t pnwmom Mar 2022 #7
My gods I hope she does Hekate Mar 2022 #9
Oh please Oh Please OH PLEEEEEEZE!!! calimary Mar 2022 #10
Bragg is further torpedoing the investigation by state AG or feds by so quickly returning evidence. L. Coyote Mar 2022 #11
Prove that Bragg has dropped the investigation. brooklynite Mar 2022 #14
Why should I? pnwmom Mar 2022 #15
He did. brooklynite Mar 2022 #16
I don't think there's any conspiracy. The grand jury is about to end pnwmom Mar 2022 #17
A new Grand Jury can be empaneled. brooklynite Mar 2022 #18
Yes but Tickle Mar 2022 #19

LenaBaby61

(6,974 posts)
6. Relatives in Jamaica Queens tell me that this Governor's husband ....
Sat Mar 26, 2022, 11:47 PM
Mar 2022

Is a close friend of that treasonous hog tRump.

We'll see

dem4decades

(11,283 posts)
5. Oh for Christ's sake, don't we have a DOJ that is supposed to do this?
Sat Mar 26, 2022, 11:44 PM
Mar 2022

But we're going to ask a state agency to take over a municipal agencies investigation? Can't the fucking DOJ do anything? How about taking the lead from J6? Or the Georgia investigation? Michigan? Are they too busy with low level trash?

L. Coyote

(51,129 posts)
11. Bragg is further torpedoing the investigation by state AG or feds by so quickly returning evidence.
Sun Mar 27, 2022, 01:50 AM
Mar 2022

I believe the Governor (or state AG?) can pass the case to another county DA.

Either way, acting fast seems to be important given how Bragg is working for Trump and trying to derail continued investigation ASAP.

pnwmom

(108,977 posts)
15. Why should I?
Sun Mar 27, 2022, 07:47 AM
Mar 2022

If he's not ending it, he should say so.

https://www.washingtonpost.com/outlook/2022/03/26/trump-alvin-bragg-manhattan/

Pomerantz’s resignation letter makes clear that Bragg made the decision to end a long-standing investigation over the objections of line prosecutors. Pomerantz is a prosecutor with formidable expertise in complicated cases, like the one the office was reportedly building against Trump, and the veteran litigator is not known for hyperbole or grandstanding. The letter stated his belief that “we have evidence sufficient to establish Mr. Trump’s guilt beyond a reasonable doubt.” Although we do not have access to all the evidence prosecutors reviewed, both exculpatory and inculpatory, the public record betrays a strong case for bringing an indictment. Two of us explained why in a lengthy report last year, concluding that Trump faced liability for offenses including falsifying business records.

brooklynite

(94,510 posts)
16. He did.
Sun Mar 27, 2022, 08:25 AM
Mar 2022

People here choose to disregard it. A good conspiracy theory (corruption, blackmail) is apparently more fulfilling.

pnwmom

(108,977 posts)
17. I don't think there's any conspiracy. The grand jury is about to end
Sun Mar 27, 2022, 08:46 AM
Mar 2022

and Pomeranz's letter has been released.

Bragg owes people a decision and an explanation, one way or another.

Tickle

(2,518 posts)
19. Yes but
Sun Mar 27, 2022, 09:15 AM
Mar 2022

I read they most likely won’t because people can change statements that were made under oath

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