National Review’s Rich Lowry: Bragg Embarking on a ‘Dangerous Path’ with ‘Nakedly Political Prosecution’

Manhattan District Attorney Alvin Bragg-elect, a former top deputy to New York's atto
AP Photo/Craig Ruttle

National Review Editor-in-chief Rich Lowry — no fan of former President Donald Trump — argued in a piece on Monday that Manhattan District Attorney Alvin Bragg is embarking on a “dangerous path” if he indicts Trump as expected.

In a piece titled “Arrest and Counter-Arrest Is No Way to Run a Republic,” Lowry writes:

Alvin Bragg is embarking on a dangerous path.
Alvin Bragg is ready to go there — to test what happens when a presidential candidate with an intense following, keenly attuned to potentially unfair treatment, is subjected to a nakedly political prosecution.

This is an experiment no reasonable person should want to undertake. It’s not that presidents and former presidents are above the law, but the old norm of forbearance is appropriate.

Lowry argued that Bragg’s case amounted to an “adventurous” prosecution based on a “tenuous” legal theory that was not worth the risk to the law-enforcement system and the danger of setting off politicized arrests and counter-arrests by politicians.

He cited conservative show host Jesse Kelly, who tweeted: “The answer to the Left’s stretching the law to go after a hated figure shouldn’t be the Right doing the same, but is that argument easier or harder to make after Trump is arrested? Clearly, it’s harder.”

Lowry wrote: “Arrests invite, as noted above, retaliation.”

He argued that Bill and Hillary Clinton could have been prosecuted, but were not, as well as Richard Nixon.

Biden, he added, might not be immune either if he is implicated “in the flow of sketchy money into his family,” and “we already know he violated the law in his handling of classified documents.”

Lowry called out Democrats for actually doing what Trump fantasized about — locking Clinton up.

“Alvin Bragg is doing what Trump fantasized about, and what the entire left-of-center universe characterized as an abuse of power when the Republican was merely musing about it,” he wrote.

“The prospective Bragg prosecution is no different from what would happen if Sheriff Joe were still in office and somehow found a way to get an attenuated legal hook into Joe Biden. How would Democrats feel about that?” he asked.

“Trump’s enemies never gave up on the idea that the ‘walls are closing in,’ and they’ve decided, where they have the power, to make it a reality. Once again, they feel justified in violating norms in response to Trump’s threat to norms,” he concluded.

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