Bragg's reported theory of the case is defensible. The problem is that an extremely unusual set of circumstances gave rise to this alleged crime.
a non-prosecution agreement with the Department of Justice in 2018 in which it admitted that its role in the payoff scheme was “to ensure that a woman did not publicize damaging allegations about that candidate before the 2016 presidential election and thereby influence that election.” The former CEO of AMI, Pecker, testified before the grand jury and will likely prove a critical witness in any jury trial.
Of course, the district attorney will have some say over who, exactly, sits on that jury. Both sides can strike up to 10 jurors for virtually any reason . Bragg’s team may well use these peremptory strikes to exclude jurors who are sympathetic toward Trump, including. The defense may, in turn, use its strikes to exclude Democratic voters. But the jury pool will be drawn from an overwhelmingly Democratic district.
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