"Trump and the danger of prosecution of plebiscite"

Below is my column in The Hill on the expected indictment this week of former President Donald Trump and the danger of prosecution of plebiscite.  I have been critical of the indictment, which is reportedly based on a highly dubious use of a New York misdemeanor charge to revise a long dormant federal election law charge. We will have to wait to confirm the details on the indictment but this remains, in my view, a blatantly political prosecution.
Here is the column:

“The moment that we are waiting for, we made it to the finale together” — those familiar words from “America’s Got Talent” — could well be the opening line for Manhattan District Attorney Alvin Bragg next week, when he is expected to unveil an indictment of former President Trump. With Trump’s reported announcement that he expects to be arrested on Tuesday, it would be a fitting curtain raiser for a case that has developed more like a television production than a criminal prosecution. Indeed, this indictment was repeatedly rejected only to be brought back by popular demand.

Trump faces serious legal threats in the ongoing Mar-a-Lago investigation. But the New York case would be easily dismissed outside of a jurisdiction like New York, where Bragg can count on highly motivated judges and jurors.

Although it may be politically popular, the case is legally pathetic. Bragg is struggling to twist state laws to effectively prosecute a federal case long ago rejected by the Justice Department against Trump over his payment of “hush money” to former stripper Stormy Daniels. In 2018 (yes, that is how long this theory has been around), I wrote how difficult such a federal case would be under existing election laws. Now, six years later, the same theory may be shoehorned into a state claim.