‘Bragg has a hard road ahead’: Brian Claypool

‘Bragg has a hard road ahead’: Brian Claypool

Attorney Brian Claypool says the Trump indictment appears to be a ‘political witch hunt’ and says regular people would not be prosecuted based on these misdemeanor charges. #foxnews

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Great for more insight on the Unprecedented indictment of former President Donald Trump we're going to be Joined Now by Brian Claypool an attorney Whose expertise we hope to glean some Insight from Brian you know there's been So much discussion about this as an Overreach and and probably something That will end up being too flimsy of a Case to try is that premature for for People to be making uh you know Statements that are that absolute or is It likely that we might learn something More when the indictment is sealed Unsealed Hey Jackie great to be with you I mean This does appear to be a political Witch Hunt why because if that were you or me That was alleged to have committed a Misdemeanor on on a business entry on an Accounting sheet rest assured that we Would not be prosecuted and look Alvin Bragg has a history of being radical he He you know he campaigned on the premise That oh we're going to go easy on Criminals just like our D.A out here in Los Angeles so on the surface it does Look like he's targeting Trump now let's Look at the the potential merits of the Case I know exactly the penal code that Uh brag is going to be relying on us It's California I'm sorry New York Penal Code 175 and 175.1 what is that it's Basically two versions of bookkeeper

Fraud Jackie 175 is a misdemeanor that's What you just reported he'd have to Prove that Trump ordered somebody to put A false entry on a book sheet with an Intent to fraud that's hard to prove Because you're going to need evidence That Trump actually instructed somebody To make that entry he's not dumb enough To put that in writing and then secondly He's going to have to prove intent to Defraud really really difficult to prove In a criminal Arena let's move to the Second one that's a felony so this is The felony that he's trying to upgrade It to it's 175.10 he would have to prove Two crimes in one that's what you just Reported what Barr's talking about he'd Have to prove that Trump ordered Somebody with an intent to defraud to Put a fraudulent statement this 130 000 Payment to Stormy Daniels and he did it With an intent to commit a second crime Which is the elections campaign uh fraud Violation that is going to be virtually Impossible to prove because uh Bragg Doesn't even have jurisdiction to go After the campaign election charge Because that's a federal crime and this Is a state court so it's virtually Impossible for him to prove that that Felony so if this is such a tough case For him to make why is he bringing it Well I I think there's no question about It that he wants to humiliate president

Fraud or president Trump why am I saying That look let's let's be clear here this This payment to Stormy Daniels isn't Illegal it was made in 2016 Jackie and Then the feds came in Department of Justice investigated they didn't even Find a crime they let it go in 2019 why Would a city prosecutor then wait Jackie Let's see we'll wait another three years Or almost four years to revive this Alleged crime because there's an Election coming up Trump wants to run he Wants to get that mug shot of trump and He wants to use this to try to prevent Trump from being reelected it really Really is an abuse of power Well it's not just Alvin Bragg though Who you know decided to bring this case And he was indicted by a grand jury so Do you think that the case was strong Enough that you know everyone in that Grand jury was you know making their own Judgment and arrived at that conclusion On their own or do you think they just Had a biased jury pool Yeah Jackie look grand juries are very Loose and flimsy I mean you've heard That phrase you could you could invite a You know swiss cheese sandwich I mean it Was clear to me that Brad was Controlling the narrative in in this Grand jury why because it was reported About a week ago that he was going to be Indicted that's not how a grand jury

Works Jackie it's supposed to be cloaked In secrecy it's supposed to be just Devil's Advocate other side of the Equation here because we don't know Um you know the former president was the One who announced that he was going to Be arrested and there's a lot of Reporting to suggest that you know all Of this happening to him is only going To Galvanize support for him Um it it sort of makes the narrative That he's been saying all along about Government overreach so we don't we Don't know where you know the league Came from but both sides kind of have The incentive to get it out there Well I think president Trump was Responding jockey to reports that he was Going to be indicted but back to your Other point look in a grand jury I hope That Alvin Bragg explained to that grand Jury that they've got a that that there Would need to be you know proof of Intent to defraud he ordered somebody to Make the entry and he's trying to commit A campaign election violation that's Really really hard to prove Jackie and Then you've got a statute of limitations Issue it's two years on the misdemeanor Three years on the felony and and if I'm Trump's lawyers the first thing I'm Going to do is try to accuse the judge It's the same judge by the way jockey That handled the Trump organization

Criminal proceeding in 2021 after you Deal with the judge issue I'd file a Motion to dismiss all of these charges Lack of jurisdiction statute of Limitations so look at the end of the Day anybody can be charged with a crime You can indict somebody for a crime but It's a far stretch to turn that in to an Actual conviction and Bragg has a Hard Road Ahead well it's certainly Uncharted Uh Waters that we're in right now and Unclear where we're headed so we will Continue to watch it uh Brian Claypool Thanks so much for your time appreciate It I'm Steve Ducey I'm Brian Kilmeade And I'm Ainsley Earhart and click here To subscribe to the Fox News YouTube Page to catch our hottest interviews and Most compelling analysis

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