Friday, March 24, 2023

A Question for Marjorie Taylor Greene: How Can There Be Prosecutorial Misconduct If There's No Prosecution?



Not to be outdone, Georgia GOP Congresswoman and de facto House Speaker Marjorie Taylor Greene also called for Bragg's arrest and that he be charged with prosecutorial misconduct

Now I'm not an attorney but if I had an audience with Greene, I would ask her this question: How can Alvin Greene be charged with prosecutorial misconduct if there is no prosecution? Yes, it's possible for a prosecutor to engage in prosecutorial misconduct if he or she indicts someone solely for political gain. But again, there's been no prosecution therefore prosecutorial misconduct.

For Greene's part, she specifically claims that Bragg withheld exculpatory evidence from the grand jury. She told reporters:
He didn’t show the grand jury hundreds of pages of evidence, and he should have done that. If they’re a grand jury, they need to have all the evidence there before they decide for an indictment … He should be disbarred if he’s going to be using his position to target the Republican Party’s top primary presidential candidate just for politics.

However, withholding exculpatory evidence or a Brady rule violation, only occurs if a prosecutor withholds exculpatory evidence from the defendant or his/her attorneys. So Greene's claims are baseless. But even if Bragg had withheld exculpatory evidence from Trump and/or his attorneys, chances are Bragg wouldn't be arrested but rather be subject to discipline by the New York State Bar Association. Of course, this could only happen if Trump is indicted and convicted. There is no guarantee of either. 

It might be the case that Greene either doesn't know what prosecutorial misconduct actually means or that she does know and does not care. In her case, it is more likely the former whereas for Senator Paul, I think it is the latter. 

Given her propensity towards conspiracy theories, I suspect Greene genuinely believes that Trump is not subject to the laws of this country or the Constitution and any attempt to hold him to account is tantamount to treason and warrants the arrest of those attempting to bring him to justice. All of which makes her demands that Bragg be arrested and charged for withholding exculpatory evidence both stupid and dangerous. 

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