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By Sarah May on
 March 21, 2023

MSNBC legal analyst: Trump tweet on possible arrest could result in denial of bail

Former President Donald Trump made headlines over the weekend when he predicted that he will be arrested on Tuesday on an indictment pursued by Manhattan District Attorney Alvin Bragg, and according to one far-left legal commentator, the Truth Social post in which he made the announcement could result in a denial of bail, as the Daily Mail reports.

MSNBC legal analyst Glenn Kirschner suggested that Trump's suggestion that his supporters might protest if his prediction proves correct is reminiscent of things said in the run-up to the Jan. 6 Capitol unrest and should perhaps even be used to keep him behind bars pending trial.

The tweets Kirschner declared to be so alarming were posted Saturday morning when Trump told supporters that he expected to be arrested Tuesday on charges related to a hush money payment made to adult entertainer Stormy Daniels prior to the 2016 election.

Trump wrote, “The far & away leading Republican candidate & former President of the United States of America, will be arrested on Tuesday of next week” and urged, “[p]rotest, take our nation back!”

In Kirschner's estimation, those words are akin to incitement of a crowd to riot, and he said that a judge could view them as sufficient cause to keep Trump in custody to prevent any risk of violence among the former president's supporters.

“I would slap a government's exhibits sticker on this post, and I would introduce it at his criminal trial,” Kirschner said.

The commentator continued, “He has now just given the judge that will preside over his arraignment hearing food for thought about what kind of conditions should be set for the release of this dangerous man pending trial.”

Kirschner further characterized Trump's Truth Social posts as the former president “once again orchestrating a dangerous gathering in furtherance of his desperate determination to avoid accountability.”

Referencing a past Trump comment that was taken out of context by detractors, Kirschner said of the Saturday Truth Social post, “This is a dog whistle, just as sure as him telling The Proud Boys, 'stand back and stand by.' He just directed his supporters, some of whom we know are violent, to come to Manhattan for his arraignment.”

Other left-wing pundits also took the opportunity to chime in hyperbolically on Trump's prospects for pre-trial release, with SiriusXM host Dean Obeidallah declaring, “Donald Trump should NOT get bail. There is no conditions that can be imposed that 'would reasonably assure the safety of the community' if Trump was released on bail. He will 100% incite violence. Plus he's a flight risk-esp since he owns a plane.”

Former prosecutor Mark Romano agreed, tweeting, “This is Donald Trump's way of begging his supporters to get violent. He is too stupid to realize that this strategy is only going to end up with him arrested and jailed without bail. No trial judge will allow an indicted defendant to do this kind of crap.”

Despite Bragg's apparent determination to move forward with charges even the New York Times said was founded on an “untested and therefore risky theory,” numerous legal commentators are far from convinced of the wisdom behind bringing this case at all.

George Washington Law School professor and Fox News contributor Jonathan Turley opined, “One would say Bragg is outside of his lane, but in this case, he's on a completely different highway,” adding, “[t]his is an effort by a state official to effectively prosecute a federal crime, a crime that the Department of Justice decided not to pursue.”

Former federal prosecutor Andrew McCarthy was similarly critical of the supposed case against the former president, saying, “Bragg is engaged in bare-naked politics. This case is not merely unworthy as a prosecution of is also a case that everyone knows Bragg would never bring against anyone other than Trump...[t]his is classic, invidious selective prosecution,” regardless of the hysterical braying offered by the likes of Kirschner.

Written By:
Sarah May

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