Donald Trump is facing 34 counts but what about Alvin Bragg’s felony?

Former President Trump is within his rights to lodge a complaint about a clear violation of criminal procedure law by DA Bragg’s office

Let’s leave aside the flaws in the case, as currently reported: the issue of selective prosecution; the escalation to a felony by use of a federal statute over which Manhattan District Attorney Alvin Bragg has no jurisdiction; the question of how a 2016 event comes within the statute of limitations on the purported charges.

Let’s instead ask how did a news outlet get the “34 charges” information ahead of Tuesday’s release of the indictment? The leaked information was proven correct when the indictment was unsealed on Tuesday.

So what’s the problem here? Don’t news outlets get a lot of leaked information in advance? Well, the problem is that grand jury indictments are – by law – secret. That information is not supposed to be public.

As per New York Criminal Procedure Law § 190.25:

4. (a) Grand jury proceedings are secret, and no grand juror, or other person… may, except in the lawful discharge of his duties or upon written order of the court, disclose the nature or substance of any grand jury testimony, evidence, or any decision, result or other matter attending a grand jury proceeding.

This is black-letter law, and it is given serious deference every day in the New York criminal courts.

So, in light of that — and in light of the equities involved in this “historic” case – where is the leak investigation into this unlawful grand jury disclosure?

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