Thread by @ProfMJCleveland

THREAD: In case it wasn't already clear DA Alvin Bragg is manipulator of law to get @realDonaldTrump, filing from Dec.--overlooked by everyone--provides further proof. Came across it in writing piece re Bragg's fellow lawfare warrior, Juan Merchan. Cont. for informative post 1/

2/ Judge's order that Trump will be sentence 1/10/25, referenced 2 proposal Bragg made re sentencing. Contrary to what Judge Merchan ordered, Bragg did seek sentencing of Trump. Rather, DA Bragg suggested terminating case based on "Alabama Rule" OR wait until Trump out of office.

3/ I had never heard of the "Alabama Rule," though, so I did some research and couldn't find any case law in New York discussing it. Weird. I then turned back to Merchan's order to see what argument Bragg made but he didn't say much.

4/ Merchan's order said Bragg filed a response on 12/9 so I dug that up there Bragg discussed at length the "Alabama Rule." And guess what the "Alabama Rule" is? It's a rule that is followed in Alabama and other states follow but that New York DOES NOT!

5/ The rule comes into play where a defendant dies before sentencing. New York follows abatement doctrine which addresses what to do with "jury verdict and indictment when further criminal proceedings are no longer possible because of the defendant's death."

6/ In New York, current controlling law holds: "[T]he judgment of conviction [is] vacated and the indictment dismissed” on the ground that the defendant’s death makes any further appeal impossible.

7/ Now, not only does New York NOT follow the Alabama Rule, but Trump isn't dead. So why would Bragg suggest Merchan follow the Alabama Rule? Because under Alabama Rule, court places in record of case a notation Defendant's conviction removed presumption of innocence.

8/ Or as Bragg put it in the context of Trump:

9/ Merchan perfunctorily rejected Bragg's argument for the obvious reason that Trump could appeal his conviction and sentence--something will do. But that Bragg even suggested Merchan ignore controlling New York precedent & apply Alabama Rule shows two things.

10/ First, Bragg really wanted to tarnish Trump further; and second, that Bragg thought he had Merchan enough in his corner that the judge might be willing to take the bait.

11/11 While he rejected Bragg's jab at Trump, Merchan leveled his own-ordering Trump to be sentenced on Friday, 10 days before his inauguration. And as I discuss in my piece tomorrow @FDRLST Merchan's order for sentencing to proceed is even further proof of the lawfare at issue.

Clarification: Bragg did suggest that Merchan could enter an unconditional discharge, which is what Merchan made pretty clear he would do.