The dubious legal theory at the heart of the Trump indictment, explained

There is something painfully anticlimactic about Manhattan District Attorney Alvin Bragg’s indictment of former President Trump. It concerns not Trump’s efforts to overthrow the duly elected government of the United States, but his alleged effort to cover up a possible extramarital affair with a porn star.

And there’s a very real risk that this indictment will end in an even bigger anticlimax. It is unclear that the felony statute that Trump is accused of violating actually applies to him.

The indictment charges Trump with 34 separate counts of falsifying business records in the first degree, a felony. A separate document laying out the factual basis for Bragg’s allegations against Trump points to a complicated web of arrangements between Trump, his former lawyer Michael Cohen (who is identified as “Lawyer A”), and David Pecker, the CEO of American Media, the company that publishes the National Enquirer.