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Americans split over Trump verdict? So are New York's criminal law professors

Americans split over Trump verdict? So are New York's criminal law professors

CBC
Sunday, June 09, 2024 02:23:43 PM UTC

Here's what happens when you try surveying criminal-law professors about an unprecedented case in their state of New York: the guilty verdict of Donald Trump.

CBC News asked them two things: their view of the case and of Trump's chances of winning an appeal.

We contacted two dozen professors specializing in criminal law and in particular white-collar crime, given that this case was about falsifying business records. 

The vast majority declined to comment, for different reasons. One divulged that he trusted few colleagues to offer an unbiased opinion, untainted by their own politics. 

But five answered. Two expressed doubts about the case, two did not, and one shared detailed analysis without stating an emphatic opinion.

The scattershot responses demonstrate that the mixed reaction to this trial goes well beyond the partisan sparring on cable TV news.

A former colleague of Manhattan District Attorney Alvin Bragg says it must have been difficult to decide whether to proceed with charges. 

"I'm sure he had a lot of sleepless nights," said David Dorfman of Pace University, a former criminal defence lawyer and Bragg colleague at New York Law School.

"Because what if Trump has gotten acquitted — or a hung jury? There'd be a lot of second-guessing."

Would he have done it? Without stating his own view, Dorfman described it as a difficult call. 

He says he's not certain Bragg would have proceeded, had he not inherited the ongoing investigation when he entered his role in 2022, with his staff having already poured considerable effort into it.

At the same time he defends Bragg as a straight-shooter and defends the case against some criticisms.

Trump is accused of more serious crimes. However this case is likely the only trial he will face before the November vote, including for the attempted overturn the 2020 election. 

Some basic facts of the case are clear-cut: A porn star said she'd had unprotected sex with Trump two decades ago, while his wife was pregnant. Then, during the 2016 presidential campaign, a Trump ally paid her $130,000 to keep quiet and, after the election, Trump repaid that ally, Michael Cohen, but declared it was for legal fees — a business expense.

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