Top Federal criminal lawyer Michael Leonard discusses Trump Indictment. The Indictment unsealed today against former President Trump is underwhelming and weak. Surprisingly, it fails to provide either a strong statement of the facts underlying the charges, or more importantly a theory of the case that explains how the otherwise misdemeanor charges are converted to felonies. In other words, the Indictment fails to allege what other law or laws Trump allegedly violated in committing the misdemeanor false business records violations. Moreover, the Manhattan DA seemed unable or unwilling to commit to a theory of the case in his press conference. Even if he has one or more laws clearly in mind that provide the basis for the felony charges, those laws may not support – as a matter of law – the charged offenses. In sum, I believe that there is a strong probability that the Court grants the expected Motion to Dismiss the Indictment. At a minimum, the Court will have to require the Government to provide additional specificity. All in all, the case against Trump is off to a weak and shaky start. Certainly not the type of start that one would have expected.
Written by Michael Leonard
Leonard Trial Lawyers
April 4, 2023