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Culture War Roundup for the week of May 27, 2024

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The other crazy thing was that the books were internal. So you’d have to think “Trump was doing this because he thought NYS might ask for his books to check on…federal campaign laws? It just doesn’t make any sense.

I was curious how the prosecutor even came to get those private books. He convened a grand jury that subpoenaed Trump's accountants for tax and business records, Trump sought to quash the subpoena with assertions of Presidential immunity, and it was adjudicated by the Supreme Court and not squashed. Aside: the decision here has some interesting history I'd never heard of before, with President Jefferson apparently engaging in a bit of lawfare against Aaron Burr.

Not being a lawyer, I was surprised that apparently the bar is very low for what a grand jury can subpoena, just about anything short of a "fishing expedition" is allowed. Do they even need to call their shots like in billiards, or can they start with the idea that there's one specific crime, and end up charging something completely different? Or do they even need a specific crime to investigate?

I've tried to find the reason that this grand jury was convened and can't find anything official. I found one report on a Manhattan grand jury that said "It is unclear what assets Manhattan District Attorney’s office will be investigating specifically," but I don't know if that's even the same grand jury that led to the falsifying business records charge. The indictment itself doesn't have any identifier like date the grand jury was convened.

So, how is one to judge whether the subpoena was a fishing expedition or not?

The argument here would be targeted prosecution. But it reminds me of the speech about the awesome power of the prosecutor. A guy like Bragg should be a million miles away from such power.