Trump Lawyer Floats ‘Malicious Prosecution’ Lawsuit Against Alvin Bragg on Fox News
Will Scharf, an attorney representing Donald Trump in his New York criminal case, said that the former president could pursue a “malicious prosecution” lawsuit against Manhattan District Attorney Alvin Bragg during an appearance on Fox News Thursday.
“If the jury comes back today and President Trump is acquitted, does the Trump team take any action against Judge Merchan? Do you file any lawsuit or any case against him?” Dana Perino asked Scharf.
The lawyer seemingly punted on the question of whether Trump would target Merchan, saying only that “we’d have to consider our legal options at that point.” But he did raise the possibility of another lawsuit.
“I think the case for malicious prosecution here is extraordinarily strong, OK? I mean, this is not a case that would have been brought against any defendant not named Donald Trump and any defendant who, frankly, wasn’t running for president,” submitted Scharf, who went on to say that Trump would “speedily appeal” if the jury returns a guilty verdict.
“We will move with all possible haste to undo any kind of unjust verdict,” he added.
New York State tort law requires plaintiffs in malicious prosecution cases to prove four elements: That a legal proceeding was initiated against the plaintiff, that the proceeding ended with a favorable result for the plaintiff, a lack of probable cause of evidence against the plaintiff, and malice.
Trump and his allies spent the last year arguing that the criminal case brought against him by Bragg is thin and would not have been brought against any other individual.
Watch above via Fox News.
