Constitutional Vanguard: Questioning an “Advisory Opinion” About the Possible Stormy Daniels Trump Prosecution
I have a new free 5000-word post up, questioning the analysis of Sarah Isgur and David French regarding the potential Manhattan prosecution of Donald Trump for falsifying business records.
The long and short of the piece is this: French and Isgur argue that the Department of Justice declined to prosecute the conduct that elevates the charge to a felony. I disagree — because I think Michael Cohen’s crime might be the relevant conduct. And all Trump had to do was try to cover up Cohen’s crime.
I also point out that, while DOJ did decline to prosecute Trump, it does not appear they did so because they doubted his guilt. To the contrary.