When it comes to the law, reporters are idiots.2. Second, contrary to most reports I've seen, no criminal charges have been filed. Rather, a grassroots immigrants advocacy group, the Haitian Bridge Alliance (HBA) has available self of an interesting provision of Ohio law providing for a private person to file an affidavit
— Harry Litman (@harrylitman) September 25, 2024
Trump and Vance are not “subject to arrest,” as some stories breathlessly said, because no charges have been filed, and no arrest warrants issued. An advocacy group has asked for a review of possible criminal charges under Ohio law. This hasn’t even gotten to the appropriate DA yet. Until it does, and charges are brought, there’s nothing going on here.trying unsuccessfully to persuade the DA to bring charges. Not clear under Ohio law if the prosecutor can still decline even if reviewing official says there is probable cause, but as a practical matter, she probably wouldn't.
— Harry Litman (@harrylitman) September 25, 2024
Litman provides enough further analysis that I’d say charges will never be brought, and not because Trump is coated in Teflon or is above the law. The charges would be very, very difficult to prove, and, if I read Litman correctly, likely be a misdemeanor anyway. So a lot of effort in an uphill climb that wouldn’t get anywhere in court before November, and with little likelihood of success. Just the kind of case DA’s pass on every day.
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