A former federal prosecutor called the legal conviction against President-elect Donald Trump “the most nakedly political misuse and abuse of the criminal justice system in American history,” and he also said it can be overturned.
“All of our thoughts about that, all commentary, should go through that lens,” said Sol Wisenberg during an appearance on “The Ingraham Angle.”
Wisenberg explained what he said was the possible basis for overturning Trump’s conviction.
“I think one of the areas you start is that very important in terms of constitutional law is the question of presidential immunity. As we’ve talked about before on the show, Bragg made the decision, he didn’t have to, to call former advisors to President Trump and get their testimony. And this was mentioned in the closing argument,” Wisenberg said.
Despite the Trump legal team’s efforts to address these issues before they reached the jury, Wisenberg said the judge denied their motions.
“That’s a problem under the Supreme Court’s immunity decision. And the Trump lawyers tried to litigate that issue. The Supreme Court hadn’t ruled yet, but they wanted to litigate that issue before it went to the jury, and the judge wouldn’t let him do it,” Wisenberg said. “So I think that’s a powerful potential ground, but there are many others.”
Wisenberg also criticized the prosecution’s approach on the case and said that the charges filed in New York would not have been brought against anyone else under similar circumstances. He also said that the case was influenced heavily by political bias rather than judicial integrity.
“This case, as we all know, never would have been brought in New York on these facts against any other person,” Wisenberg told host Laura Ingraham.
WATCH:
Judge Juan Merchan sentenced Trump on an unconditional discharge Friday. Under New York law, this type of sentence does not involve imprisonment, fines, or probation oversight.
The Supreme Court, in a narrow 5-4 decision on Thursday night, refused to stop the sentencing. The justices in the majority pointed out that the evidentiary issues Trump raised during the trial could be considered during an appeal.
During his sentencing, Trump criticized Merchan for conducting the hearing just days before he was scheduled to assume office.
“This has been a very terrible experience. I think it’s been a tremendous setback for the American court system,” Trump said.
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