Trump’s Alvin Bragg posts violate federal law: Kirschner
Legal analyst Glenn Kirschner said former President Donald Trump’s social media posts targeting Alvin Bragg violate both federal and state laws.
Bragg, the Manhattan District Attorney, is leading the investigation into a $130,000 “hush money” payment made to adult film star Stormy Daniels in 2016. Trump’s former attorney Michael Cohen has already pleaded guilty to his role in the scheme and is serving a prison sentence, although Trump has denied having an affair with Daniels while dismissing the legitimacy of Bragg’s investigation.
Ever since reports suggested Bragg may be on the verge of a historic impeachment against Trump, the former president has ramped up attacks on Bragg on his social media platform Truth Social. In various posts, Trump called Bragg a “Soros-funded animal” and threatened there would be “death and destruction” if he was indicted. He also shared a picture of himself with a baseball bat alongside another photo of Bragg as if to imply an attack, which he later deleted.
Kirschner, a veteran federal prosecutor now known for his prolific performances as a legal analyst, argued during an episode of him on Sunday Justice is important YouTube series that Trump’s posts, particularly the one with the photo, were an attempt to intimidate the DA and violated a New York state law. In particular, he cited Section 195.05, “Second Degree Obstruction of Government Administration.”
“Friends, when the grand jury reconvenes Monday, they should have additional evidence from prosecutors of Donald Trump’s ‘death and destruction’ threats in violation of Section 195.05,” he argued.
After this video, Kirschner said on a Monday Justice is important Video that Trump’s posts also violate the federal Interstate Communications Act, 18 US Code Section 875. As he explained, this law relates to the transmission of “interstate or foreign commerce, any communication that contains a threat to any person.” abduct, or a threat to harm the person” and shall be punishable by a fine or “not more than five years or both”.
“Posting something on the Internet is tantamount to transmission in interstate commerce,” Kirshner argued. “And this picture of you bringing your prosecutor a bat is tantamount to a threat to another, and Donald Trump should be prosecuted both locally in New York and federally because justice matters.”
The Manhattan Attorney’s Office and the Department of Justice (DOJ) have not indicated they intend to conduct further investigations into Trump’s recent social media posts. The DOJ is currently investigating Trump’s handling of the Jan. 6 US Capitol siege and his handling of classified documents retrieved from his Florida home in Mar-a-Lago after his presidency. news week emailed the DOJ press office for comment.
In a previous statement to news weekTrump’s communications team dismissed Kirschner’s reputation as a credible legal analyst.
“Glenn is a notorious dealer of wild conspiracy theories and dubious legal analysis,” the statement said. “I would expect nothing more from an MSNBC staffer who is chasing clout and shunned by the legal community at large.”
https://www.newsweek.com/trumps-alvin-bragg-posts-violate-federal-law-kirschner-1790697 Trump’s Alvin Bragg posts violate federal law: Kirschner