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Yes, Alvin Bragg’s Case Against Trump Is Falling Apart. But Will That Matter?

AP Photo/Seth Wenig, File

I have to admit that I've never put a lot of stock in Alvin Bragg's criminal case against Donald Trump. It has been clear from the very beginning that this man, who campaigned on getting Trump, has put together a weak and blatantly partisan case. It was so weak that his predecessor and the Biden Justice Department refused to prosecute it. 

It has also been clear to anyone who has been paying attention that the deck is stacked against Trump, to say the least. Experts have repeatedly said the partisan prosecutor bootstrapped misdemeanor charges, which typically result in a fine at worst, into a felony. Trump also has to deal with a partisan judge — who once donated to the Biden campaign — in a partisan jurisdiction where it's almost impossible for him to get a fair trial.

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Yet despite everything working against Trump, there has been a flood of positive developments for him as Bragg's case has been coming apart at the seams. Suddenly, Trump's fortunes have started to look a lot better. 

Last week, Stormy Daniels's lawyer, Keith Davidson, testified that the $130,000 payment to Daniels shouldn't be labeled as "hush money" but rather as a legitimate "consideration" payment. 

Hope Hicks's testimony further undermined Bragg's case when she testified that Trump's nondisclosure agreement with Daniels was motivated by a desire to protect his family from embarrassing media coverage and not to influence the election.

And then there was Stormy Daniels' testimony on Tuesday, during which she all but admitted to extorting the former president. The defense team also effectively called her out for repeatedly changing her story depending on what was the most useful and profitable narrative for her at any given time.

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And the prosecution's star witness is Michael Cohen, a man who has been convicted of giving false testimony, and who is essentially going to claim that Trump should be found guilty for following his legal advice.

In a fair and just legal system, the non-crime Trump is being prosecuted for would never have resulted in an indictment. But, it did, and now his fate is in the hands of a jury. Bragg's case may have fallen apart, but is this jury, likely loaded with anti-Trump partisans, actually going to care? Remember, last year, a jury found Trump liable for sexual abuse even though it was obvious that his accuser, E. Jean Carroll, had made up her story based on an episode of "Law & Order: Special Victims Unit."

For some time, experts have predicted that the most favorable scenario for Trump in this case would be a hung jury, and that assessment, despite all of Bragg's setbacks, is still true today. But that's still sad because, from an objective standpoint, this was a case that never should have been brought and that has gone so badly for the prosecution that Trump deserves an outright acquittal.

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