Speaking on Fox News Channel on Thursday, the day a New York jury delivered a shocking verdict convicting former President Donald Trump on all 34 charges brought by Manhattan District Attorney Alvin Bragg, Trump attorney Will Scharf indicated that the former president’s legal team might retaliate by suing DA Bragg for “malicious prosecution.”
Before the jury delivered its verdict, Trump attorney Will Scharf spoke with Fox News Channel host Dana Perino about the case and whether the Trump team might take action against Judge Juan Merchan, particularly if Trump were acquitted. Scharf mentioned that the Trump legal team would “have to consider our legal options at that point” but indicated that Bragg would be the more likely target for any legal action.
Perino asked, “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?”
Scharf, who also vowed that Trump would “speedily appeal” a guilty verdict, saying, “We will move with all possible haste to undo any kind of unjust verdict.” He also told Perino that the prosecution itself was the major problem and that it seemed like the case was brought against Trump solely because he is running for president.
Referencing potential legal action against Bragg, Scharf added, “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.”
In New York, for a malicious prosecution claim to succeed, the plaintiff must prove: 1) a legal proceeding was initiated against them, 2) the proceeding ended favorably for the plaintiff, 3) there was a lack of probable cause, and 4) there was malice. Since the case against Trump did not end with a win for him, a successful malicious prosecution claim is unlikely unless the verdict is overturned on appeal and he is subsequently found not guilty.
See also: Alan Dershowitz Finds ‘MAJOR Issue’ With Hush Money Case, Says Bragg Should Be Investigated
Trump, posting on Truth Social about the case after the verdict, said, “My bookkeeper called a “Legal Expense,” on the “tiny” description line of the Ledger, a “Legal Expense,” openly paid to my lawyer, at that time a fully accredited one. I was not involved in that designation, but what else would you have called it? It was, in fact, a LEGAL EXPENSE. ”
He continued, “That is the so-called “CRIME.” On top of that, I wasn’t allowed by the judge to use, in any form, the standard RELIANCE ON COUNSEL DEFENSE (ADVICE OF COUNSEL!). My lawyer, at the time, did virtually everything on the NDA (NON-DISCLOSURE AGREEMENT), and I assumed that what he did was correct. I did nothing wrong, and frankly, there was nothing done wrong – NDA’s are standard, commonly used, and LEGAL. MAGA2024! WITCH HUNT! IF THIS CAN HAPPEN TO ME, IT CAN HAPPEN TO ANYONE!”
