If Donald Trump is indicted in the days ahead, he is likely to behave badly. How should the prosecution handle him?
Kravis said that prosecutors were unlikely to request a gag order, given that it would play into the former President’s narrative that he is being persecuted by Democrats who are trying to prevent him from running for President again. The situation, of course, is unprecedented.
Sarah Isgur, a Trump critic who formerly served as the spokesperson for the Justice Department, under Attorney General Jeff Sessions, said that Bragg and his prosecutors should try to speak and conduct themselves in a manner that is the opposite of the former President’s habit of bombast and bullying.
Isgur also said that, during the trial, prosecutors should not take steps that publicly humiliate Trump. When the former President is arraigned, for example, law-enforcement officials should not handcuff him, publicly release his mug shot, or parade him in front of the press, in a perp walk. “I wouldn’t do the handcuffs. I wouldn’t do a mug shot.
A former senior Justice Department official who asked not to be named agreed that Bragg should strictly obey rules barring prosecutors from publicly disparaging defendants. He said that in high-profile cases it is more important than ever to obey standard practices. “The prosecutors should emphasize that the defendant is presumed innocent and the charges are only allegations,” the former official said.
Trump, given his past behavior, is likely to behave badly. The legal rules and traditions that restrict Bragg’s conduct do not apply to him. His relentless attacks on Special Counsel, an esteemed former prosecutor and F.B.I. director, swayed public opinion against both Mueller and the F.B.I. Outside the courtroom, in particular, Trump vs. Bragg will be a vast mismatch, with Trump running circles around prosecutors in the press.
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