The indictment of Donald Trump by Manhattan DA Bragg leaves America with this legal puzzle

Manhattan District Attorney Alvin Bragg has finally made history. He has indicted former President Donald Trump as part of an investigation, possibly for hush money payments. We are all waiting to see the text of the indictment to confirm the basis for this unprecedented act. But history in this case -- and in this country -- is not on Bragg's side.

The only crime that has been discussed in this case is an unprecedented attempt to revive a misdemeanor for falsifying business documents that expired years ago. If that is still the basis of Thursday’s indictment, Bragg could not have raised a weaker basis to prosecute a former president. If reports are accurate, he may attempt to "bootstrap" the misdemeanor into a felony (and longer statute of limitations) by alleging an effort to evade federal election charges. 

While Trump will be the first former president indicted, he will not be the last if that is the standard for prosecution.