The criticism that Alvin Bragg somehow improperly turned 34 misdemeanors into felonies is a fallacy. The legislature did that by adding enhanced penalties when someone falsifies records to conceal another crime. That’s because it is a more serious offense deserving of higher punishment.
The “other crime” was NYS 17-152, conspiracy to promote the election of a candidate by unlawful means. Unlawful means were numerous, including violations of campaign finance laws for exceeding $2,700 limit, accepting corporate contribution, failing to disclose contributions, and violation of tax laws by causing false statement in return. These are statutes on the books. Complaints about using them are really a request for a pass for Trump.
Bragg’s power was checked by the grand jury that indicted the case, the defense lawyers who argued for Trump and cross-examined witnesses, the judge who oversaw the pretrial litigation and trial, and the jurors who found guilt beyond a reasonable doubt. Appeals will provide further review. That’s due process.
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