From a New York Times column by Ross Douthat headlined “The Politics of a Trump Indictment”:
If you intend to indict and try a former president of the United States, especially a former president of the United States whose career has benefited from the collapse of public trust in the neutrality of all our institutions, you had better have clear evidence, all-but-obvious guilt and loads of legal precedent behind your case.
The case that New York prosecutors are apparently considering bringing against Donald Trump, over hush-money payments made to Stormy Daniels that may have violated campaign finance laws, does not have the look of a slam dunk. The use of the phrase “novel legal theory” in descriptions of what the case might entail is not encouraging.