Trump’s Manhattan indictment unlikely

The investigation continues, but charges are long overdue…and may never come

(New York) When two dozen New Yorkers walked into a Manhattan court this week to complete their grand jury duty, they no longer had before their eyes the case of a man who would have been the criminal defendant on most famous in the world.

That man, Donald Trump, was facing potential criminal charges from the grand jury this year over his business practices. But since Manhattan prosecutor Alvin Bragg stopped presenting evidence about Trump to jurors, new signs have emerged that the former president may not be charged in Manhattan in the near future — if at all. .

According to people with knowledge of the case, at least three of the witnesses once at the heart of the case have not heard from the prosecutor’s office in months or have not been asked to testify.

In recent weeks, a prosecutor with the Manhattan district attorney’s office who played a key role in the investigation shifted focus from a potential case against Trump, other people with knowledge of the investigation said — a move that makes following the resignation earlier this year of the two senior prosecutors leading the investigation.

The remaining prosecutors working on the Trump investigation abandoned the “crisis cell” they used to prepare their grand jury presentation earlier this year, witnesses said, leaving behind a sprawling suite of offices and a conference room at 15^and floor of the district attorney’s office in Lower Manhattan.

The end of the grand jury term at the end of the month does not prevent prosecutors from convening a new jury. But recent developments underscore the reduced possibility of Trump facing charges under Alvin Bragg, who, along with several other prosecutors, had concerns about the strength of the case. Some people close to the investigation believe it won’t result in an indictment of the former president unless a witness unexpectedly cooperates – which is unlikely in an investigation that has been going on for more than three years. .

“A work in progress”

In recent weeks, Bragg’s prosecutors have delivered a few additional subpoenas, indicating they are continuing the investigation, but have not found a new path to indict Trump. According to people with knowledge of the case, these subpoenas, which had not yet been reported, appear to relate to the same subject that has long been under investigation, namely whether Mr. Trump falsely inflated the value of its assets in its annual financial statements.

The subpoenas suggest that, rather than pursuing a new case theory, Mr. Bragg is interested in other entities that received Mr. Trump’s financial statements while he was seeking loans and was pursuing other activities, and that prosecutors are looking for potential victims of the former president.

One of the subpoenas was issued to a major financial institution that may have received Mr Trump’s financial statements. A second subpoena sent to the Trump Organization followed an earlier request to the company for documents relating to the value of its properties. The third subpoena was to the New York City agency responsible for tracking city suppliers, including Trump, who has done business with the city for years, operating a golf course in the Bronx and an ice rink in Central. Park.

In an interview this month, Mr. Bragg said his prosecutors are interviewing new witnesses and reviewing additional evidence. He declined to provide details, citing grand jury secrecy law, but said the investigation should be allowed to take its course.

“It’s a work in progress,” Mr. Bragg said.

But assembling a new grand jury could pose challenges for any potential case. Trump’s lawyers could argue — and a judge could agree with them — that prosecutors improperly hunted a more supportive group of jurors.

It would also take time to prepare a new presentation of evidence and months to present a case to jurors.

Mr. Bragg’s office does not have unlimited time to indict Trump. Witnesses could forget key information. Prosecutors would also face a deadline to file charges within five years of the commission of any crime, although there are some exceptions that extend the deadline. And if Mr. Trump were to announce a new run for president, Mr. Bragg would be likely to come under political pressure not to indict a top White House candidate.

Civil investigation

But even as the criminal investigation fades from public view, New York State Attorney General Letitia James appears ready to take action against Mr Trump as part of her investigation into whether he falsely inflated the value of its assets in its annual financial statements – the very thing that is at the center of the criminal investigation.

At a hearing on Monday, in which a judge found Mr. Trump in contempt of court for failing to fully comply with a subpoena to produce documents from Mr.^me James, a lawyer in his office, said the attorney general will likely take action against the former president in the near future. As his investigation is civil, Mr.^me James can sue, but cannot bring criminal charges.

Trump has long denied any wrongdoing and accused Mr Bragg and M^me James, who are both black and Democrats, of being politically motivated “racists”. If he is ultimately prosecuted or indicted, his lawyers will likely invoke the disclaimer that his financial statements have not been audited by his accountants and have been submitted to sophisticated financial institutions that have conducted their own due diligence.

James’ office is also involved in the district attorney’s criminal investigation, initiated by Bragg’s predecessor, Cyrus Vance Jr., more than three years ago.