…“In our federalist system, elected state and federal actors sometimes engage in political dogfights.
Bragg complains of political interference in the local DANY (District attorney of New York) case, but Bragg does not operate outside of the political arena. Bragg is presumptively acting in good faith. That said, he is an elected prosecutor in New York County with constituents, some of whom wish to see Bragg wield the force of law against the former President and a current candidate for the Republican presidential nomination,” Vyskocil wrote.
“Jordan, in turn, has initiated a political response to what he and some of his constituents
view as a manifest abuse of power and nakedly political prosecution, funded (in part) with federal money, that has the potential to interfere with the exercise of presidential duties and with an upcoming federal election,” the judge added.
Vyskocil reinforced her point in court that it is not her place to consider potential motivations of either side.
“The
Court is further unmoved by Bragg’s purported concern at the prospect of ‘inject[ing] partisan passions’ into a forum where they do not belong,” Vyskocil said.
“By bringing this action, Bragg is engaging in precisely the type of political theater he claims to fear.”
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