Josh Hammer
Newsweek Opinion Editor And Host,
"The Josh Hammer Show"

This week, my column assessed last week's unprecedented indictment and arraignment of former President Donald Trump, which continues to dominate the news cycle a week later. I explained the legally meritless and politically catastrophic nature of New York County, New York District Attorney Alvin Bragg's decision to take our decadent, highly fractious republic ever closer to the brink by becoming the first prosecutor in U.S. history to pursue criminal charges for a former president of the United States. I argue that the only way out for the Right, at this depressing stage, is through: meaning, to respond in kind, upping the ante further in the short- to mid-term via the GOP's own prudential use of politically potent prosecutions in an attempt to achieve a long-term de-escalation and détente. The whole situation is just profoundly sad for American patriots.

I haven't been able to record a new episode of the "The Josh Hammer Show" since last week's newsletter (I hopefully will this Friday), but in case you missed last week's deep dive on the Trump indictment, you should check it out here on Apple Podcast, Spotify or wherever you get your podcasts.

In terms of media appearances, I joined "O'Connor Tonight" on Salem News Channel to break down the Trump indictment and where we on the Right can possibly go from here, joined the "Mark Reardon Show" to discuss the Trump indictment and the current state of the emerging 2024 GOP presidential primary, and (as usual) co-hosted the Edmund Burke Foundation's most recent episode of the "NatCon Squad" podcast.

Our highlighted right-leaning Newsweek op-eds this week include selections from E.V. Osment, Ben Weingarten, Victoria Coates and Jennifer Stefano, Stephen L. Miller, and Cherryl Smith.

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The Point of No Return

The Roman historian Suetonius described Julius Caesar as timid and noncommittal as he initially approached the Rubicon River—a shallow and narrow waterway that, at the time, demarcated the boundary between Cisalpine Gaul and Italy proper—in January 49 B.C.E. In fact, the historian ultimately attributed Caesar's decision to cross the waterway, precipitating a four-year civil war and ultimate Caesarian dictatorship, to the supernatural. Prior to crossing, again according to Suetonius, Caesar uttered the now-infamous phrase: "The die has been cast."

While we cannot know for certain whether New York County, New York District Attorney Alvin Bragg's catastrophic decision to successfully indict and arraign a former president of the United States was partially attributable to an intervening apparition, we can reasonably conclude that the actions of this past week have cast a most woeful die for the trajectory of our decadent, declining republic. The 34-count formal indictment of former President Donald Trump, laughably meritless on the legal merits and scandalously imprudent on the broader political judgment, represents a genie that cannot, and will not, ever be returned to its bottle.

Much ink has already been spilled on the glaring legal deficiencies in Bragg's case, which ought to be evident to any competent first-year law student and which had led Bragg's predecessor Cyrus Vance Jr., U.S. prosecutors, and—in the not-so-distant past—Bragg himself to eschew prosecution. The underlying New York State crime that Trump allegedly violated and which is the exclusive crime invoked in the formal indictment, falsifying business records in the first degree, has a two-year statute of limitations under New York criminal law. The final alleged criminal bookkeeping action—a "hush money" payment to former porn star Stormy Daniels by former Trump "fixer," and more recent convicted felon, Michael Cohen—was on Dec. 5, 2017. The statute of limitations thus tolled over three years ago. That alone should suffice to dismiss the case.

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