Former president Donald Trump is on trial in New York over hush money payments made before the 2016 election. The only problem? Hush money payments as part of non-disclosure agreements are not illegal. New York state prosecutor Alvin Bragg alleges that by improperly filing the payments in Trump’s business records he was trying to conceal “another crime” – campaign finance law violations. Here’s the problem: Bragg not only lacks authority to prosecute campaign finance violations, but even the Biden administration’s Justice Department did not pursue campaign finance violation charges against Trump. Is Bragg’s case against Trump constitutional? And how will such politically motivated cases eat away at America’s rule of law?
John Yoo is the Emanuel Heller Professor of Law at the University of California at Berkeley, a Nonresident Senior Fellow at the American Enterprise Institute, and a Visiting Fellow at the Hoover Institution and Stanford University. Yoo was a law clerk for Supreme Court Justice Clarence Thomas, the general council of the Senate Judiciary Committee, and the former head of the Office of Legal Counsel in the Justice Department. His most recent book is The Politically Incorrect Guide to the Supreme Court (Regnery, 2023) with Robert Delahunty.
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