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Calabresi: What Conservative Law Professors Have In Common With Donald Trump

Steven Calabresi (Northwestern), Donald Trump is the Victim of Selective Prosecution:

The U.S. Supreme Court has said that "A selective prosecution claim is not a defense on the merits to the criminal charge itself, but an independent assertion that the prosecutor has brought the charge for reasons forbidden by the Constitution." United States v. Armstrong, 517 U.S. 456 (1996). The defendant must prove that "the *** prosecution policy 'had a discriminatory effect and that it was motivated by a discriminatory purpose.'" Tyler v. Boles, 368 U.S. 448 (1962).

Among the discriminatory purposes, which are barred by the selective prosecution doctrine are discrimination involving the Equal Protection Clause and on the basis of race, religion, sex, gender, or political alignment. I think Donald Trump is absolutely right on the merits in the four criminal cases which have been brought against him and in the New York State civil fraud case. But, I also think that all five of these legal actions against Trump are nothing less than a political witch hunt that is motivated by political ambition in the two cases brought respectively by New York State Attorney General Letitia James and by District Attorney Alvin Bragg. Trump's First Amendment rights are being stripped away by discriminatory legal actions brought against him because of his political views in flagrant violation of the First Amendment and the Equal Protection Clause. …

In my 34 years as a law professor, I have repeatedly seen the rules in legal academia bent dramatically to favor liberals over conservatives. I thus identify with what Trump is going through in terms of selective prosecution.

Trump's First Amendment and Equal Protection Clause rights are being flagrantly violated, and the U.S. Supreme Court should put an end to this charade now.


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