Alvin Bragg is making his case against Trump 'vulnerable' with one big strategic choice: expert
Manhattan DA Alvin Bragg on Tuesday, Feb. 7, 2023. - Barry Williams/New York Daily News/TNS

Manhattan District Attorney Alvin Bragg is making a strategic decision to push back against Donald Trump and it might backfire, according to a former prosecutor.

The former president is demanding that the Manhattan District Attorney's office provide a "bill of particulars," outlining the specific reason they upgraded his charges of business record fraud from misdemeanors to felonies in the Stormy Daniels hush payment case — something that under New York law, requires the fraud to have been committed in order to cover up a second crime. Bragg has declined to provide it so far.

According to former federal and New York State prosecutor Tali Farhadian Weinstein on MSNBC Tuesday, this could actually be a problem for Bragg.

"Do you think it's indicative of [the Manhattan D.A.'s office's] own belief in the strength of their [case]?" asked anchor Alex Wagner. "Is this a sign that they are like, you know what, we don't have to label on any of this, because we are about to get you. Sorry to put it in layman's terms, but I'm trying to interpret what the messenger might be."

IN OTHER NEWS: Ex-Theranos CEO Elizabeth Holmes loses another bid to stay out of prison: report

"I think what is happening in Manhattan is ... there is kind of a disconnect between what he is asking for and what the D.A. has come back with, because he is using the device — to try and get some more law," said Weinstein. "He is trying to say, please tell me what that second crime is. And the D.A. is responding with, well, actually, a bill of particulars is about facts. We will get you all the facts, through discovery. But I think that question of, what is the second crime — a legal question, not a factual question — is hanging over this case. And it is going to continue to hang over this case. And just because Donald Trump is the person making that argument — broken clock is right twice a day."

"So, you think of the D.A.'s response is sufficient?" asked Wagner.

"I think that it is sufficient here," said Weinstein. "Because this device, again is, really about getting more facts and the bill of particulars is not even actually that useful anymore, now that New York law has changed and you have to produce discovery to a defendant early. But I think, again and again, Trump is going to try and say, I need to know what that second crime is, or how can I defend myself? And I think it is a strategic decision for the D.A. to not tell him, to keep pushing that out, and, I think, something that is going to make the case vulnerable all the way through appeal, if it gets that far."

Watch below or at the link:

Tali Farhadian Weinstein on Trump's challenge to Alvin Bragg