Buffalo, N.Y. (WBEN) - "Anytime you're prosecuting a public figure, especially someone involved in politics and in the political arena, you're always going to have criticism, or people looking at you and asking if you're doing this based on evidence and the law, or if you're doing it for political reasons," said Erie County District Attorney John Flynn on WBEN on Tuesday.
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Erie County's top prosecutor was commenting on the case currently before Manhattan District Attorney Alvin Bragg involving former President Donald Trump. He said it is incredibly important that district attorneys remain out of politics when they're in office. But admitted it's easier said than done.
"I have to run [for office]. Alvin Bragg has to run. Every district attorney in the country, outside of a couple states like New Jersey and Delaware, have to run for office. But you have to separate it. You run one year. Once the election is over and you take over and start the job you have to remove yourself from politics. Once you do that, you can ward off the criticism."
We asked Flynn about the Trump hush money case, which is centered around $130,000 paid to Stephanie Clifford, also known as Stormy Daniels. Is the crime, or potential crime, consequential enough to do something that has never been done before, which is charging a former president?
He said it depends on the crime, the evidence and whether or not you want to set a precedent.
"I don't know all of the evidence in the case. I have no idea what was presented to the grand jury. I have no idea what kind of testimony they have or witness statements. But I would want to be careful and make sure that I had a strong case if I was planning on indicting an ex president."
Flynn added that maybe it's criminal and maybe it's against the law, but maybe it also falls short of reaching a line where you say yes or no. He acknowledged It is a difficult question.
Does it mean we could potentially see the former President in handcuffs?
"If you make the decision to do it, and the grand jury has come back with an indictment, you can't treat anyone differently. I handcuff people everyday," noted Flynn. "If I handcuff some young African-American kid from the East side, I have to be consistent with the next guy. Once you indict, and charge and arrest, you have to treat everyone the same. If you don't, that's when you start getting into trouble."
Flynn serves as President of the National District Attorneys Association. He said they all have prosecutorial discretion as to whether or not to bring a case before a grand jury or to dismiss it. He said he has the selectivity to do that and uses it on occasion.
"You have to balance that with the evidence and the law and consistency. On an individual basis, or case by case basis, I do think a prosecutor needs that discretion."
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