Manhattan District Attorney Alvin Bragg is moving forward with the indictment of former President Donald Trump, but legal hurdles remain to get the case past an honest judge, former federal prosecutor Rudy Giuliani told Newsmax.
"I think [Trump] gets out of it if we still have justice in New York, and I do have confidence in a number of the judges in New York. It's different than some other places," Giuliani said on Thursday night's "Greg Kelly Reports." "The case is really, really dismissible for about 10 obvious reasons, not the least of which is it violates the statute of limitations.
"The misdemeanor was not intended for nondisclosure agreements that are contracts between people that are perfectly legitimate. There at least one million of them probably in existence in New York.
"The latching it on to the federal crime of illegal campaign contributions ... first of all, it's been determined that it's not an illegal campaign contribution. It's a personal expenditure."
That has been the "majority opinion of most, the commissioners, lawyers," Giuliani said.
"Bragg, as a state DA, has no authority to latch on to a federal statute in pursuance of another crime," he continued. "They only have authority in the New York State Legislature to be talking about New York crime."
A judge can dismiss the Bragg's case quickly, because it's "an illegal charge," according to Giuliani.
"If an indictment fails to state a legal charge – and a charge beyond the statute of limitations is an illegal charge – it has to be dismissed," he said.
Also, it can be dismissed for "lack of jurisdiction," coincidentally a basis the Supreme Court used to dismiss Trump's 2020 election challenge cases.
"If the felony that he [Bragg] latches on to is a federal felony, and that's voted by a state grand jury, they don't have the jurisdiction to do that," Giuliani said.
"Nor does the law that passed by the state legislature. The state Legislature doesn't have the jurisdiction to latch a state crime on to a federal crime. Only the Congress does. So it would have to be dismissed from lack of jurisdiction."
There is not crime on the books for what Trump is allegedly going to be charged with, because Giuliani said there is a "lack of a proper statute."
"There are any number of things," Giuliani added. "The grand jury was deprived, it appears, deliberately deprived of significant amounts of exculpatory evidence. That's significant. That has led to the dismissal of indictments."
This is a dishonest prosecution, particularly with the way the prosecutors "seemed to resist" former federal prosecutor Robert Costello's "exculpatory" evidence, Giuliani concluded.
"These prosecutors don't seem like they're honest enough to do this," he said. "They seemed to resist – every which way, Costello – when he was trying to show them the other 130 emails."
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Eric Mack ✉
Eric Mack has been a writer and editor at Newsmax since 2016. He is a 1998 Syracuse University journalism graduate and a New York Press Association award-winning writer.
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