novel use of legal theory is not changing the law. Maybe it's a misunderstanding here and I will attempt to clear the airwaves for the sake of good faith discussion; I see "change the law" as literally changing the words of the statute as written in order to get trump. Under my context, that clearly didn't happen. But even using "contorting" as Elie honig put it, I still don't agree. This was a multi layered case where statutes intertwined in order to apply. Maybe he's jealous this buddy Bragg came up with it and not him? 🤷♂️
My last thoughts on the subject. This write up shares my view of the case from the beginning and I read this for the first time tonight. Author appears to be bipartisan (worked with Starr on whitewater scandal along with justice kavanaugh) and has provided commentary across the media spectrum (CNN, fox news, etc.). First time I've even seen her name and don't know much about her other than the above (she could be hard core lib or conservative...don't care). Law professor and legal analyst. Cites honig and even says he has a point, but disagrees with the overall tenor of his piece. I assume The Hill is Ok to cite as it wasnt listed on the unapproved sources above...
This might be my favorite part of the piece:
"The fact that prosecutors don’t use a statute very often is not a reason for nullifying it. Nor is the novelty of a legal theory grounds for rejecting it out-of-hand. That’s how the law evolves — lawyers bring creative thinking to new scenarios and judges decide if those theories hold water."
And...I agree with this part below most of all:
"The arguments against Bragg’s indictment may therefore be more about the letter of the law than anything else."
This right here is really what people are griping about. They don't like the law and that's fine. But...it was applied correctly and the jury agrees.