Alvin Bragg's case rests on obscure New York law never before prosecuted

 April 28, 2024

As the hush-money trial against former President Donald Trump continues, Manhattan District Attorney Alvin Bragg's case has been revealed as extremely vulnerable and reliant on one obscure section of law that has never been used in a prosecution before.

The section in question, section 17-152, outlaws conspiring to promote or prevent someone's election through "unlawful means."

Brooklyn attorney and former New York state Senator Martin Connor (D) explained, "I've never heard of it actually being used, and I've practiced election law for 53 years."

Connor went on to say, "Two or more conspiring to elect or defeat a candidate -- that's the definition of every political campaign. It's only when you conspire to do it by unlawful means that you violate this law."

He added that all illegal means to conspire against a candidate were already covered under other criminal statutes, using firebombing and sabotage as examples. The problem for Bragg is he can't prove any "unlawful means" were used by Trump.

The fact that this piece of law has never been successfully used doesn't bode well for Bragg and the prosecution. The case was an extreme stretch from the beginning and there's a reason that federal prosecutors didn't bother pursuing it.