“You know, it’s not a slam-dunk. But I think that survives a motion to dismiss, and then let the jury decide.”
—-Jerry H. Goldfeder, a special counsel at Stroock & Stroock & Lavan LLP and an expert in New York state election law, to the New York Times regarding Manhattan D.A. Alvin Bragg’s supposedly imminent indictment and prosecution of former President Donald Trump.
That is an flat-out unethical endorsement of prosecutorial abuse of power, for not only a lawyer, but a lawyer in a major Manhattan law firm, being quoted as authority in the New York Times, uncritically, of course.
An ethical prosecutor does not bring a case unless he or she is certain that the defendant is guilty beyond a reasonable doubt. The issue isn’t whether the prosecution will prevail, but whether the prosecutor has sufficient evidence to justify it prevailing with an objective and fair jury. Surviving a motion to dismiss is not an ethical standard; it’s the bottom-of-the-barrel standard. The judge agreeing that the case has no merit at all as a matter of law, is not the equivalent of holding that the case should not be brought by an ethical prosecutor. “Hey, who knows if the guy is guilty or if we have the evidence to convict? Let’s just get it in front of a jury and see what they think!”
Unspoken in this case: “After all, the point is to make Trump look bad, right? If we can get a conviction, it’s frosting on the cake.”