Trump attorney Will Scharf suggested on Fox News Thursday that former president Donald Trump may sue Democratic Manhattan District Attorney Alvin Bragg for “malicious prosecution.”

Scharf made the remark in response to a question by host Dana Perino about whether Trump’s team would take action against Judge Juan Merchan if the former president is acquitted. Scharf said the team would “have to consider our legal options at that point,” suggesting another potential target: the district attorney.

“But, I think the case for malicious prosecution here is extraordinarily strong,” Scharf said. “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.”

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The jury has been deliberating on Trump’s case since Wednesday.

Trump faces 34 felony counts for allegedly falsifying business documents related to reimbursing his former attorney Michael Cohen for a payment to porn star Stormy Daniels. Prosecutors allege the payment was part of a broader conspiracy Trump was involved in to influence the 2016 election through “unlawful” means.

Merchan gave instructions to the jury that do not require them to come to a unanimous conclusion on what specific “unlawful” means Trump allegedly used, allowing them to pick from the three theories put forward by prosecutors: a federal campaign finance violation, the falsification of other business records or tax fraud.

In the event of a conviction, Scharf said Trump’s team would “speedily appeal.”

“We will get that conviction thrown out on appeal,” Scharf said.



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