Many observers expect New York authorities to arrest former President Donald Trump this week. It's hard to imagine this being anything but a boon for Trump, who is running for president again.

Decisions about whether to bring criminal charges against a politician or authority figure certainly shouldn't hinge on whether it will help or hurt the person's political fortunes. But it's tough to see why Trump opponents would actually be cheering for this arrest.

As it stands, the Republican establishment and electorate both seem much more enamored with the thought of Florida Gov. Ron DeSantis as their party's future than with the continuance of a Trump-helmed GOP. But Trump's arrest could boost his claims of unfair persecution in a way that Trump supporters find sympathetic, compelling conservative officials to rally around him and delegitimizing future attempts to prosecute Trump for more serious offenses. And for what? The expected charges in this case—falsifying business records—will hardly lead to major punishment even if Trump is convicted.

And setting all politics aside, the charges are pretty weak.

The expected indictment stems from money that Trump's former lawyer, Michael Cohen, paid to porn star Stormy Daniels in 2016. The money was intended to keep her quiet about a past Daniels-Trump tryst.

In 2018, Cohen pleaded guilty to paying Daniels $130,000 at Trump's direction "for the principal purpose of influencing the election." This counted as an excessive contribution to the Trump presidential campaign. (Individual donors are permitted to give only relatively small amounts to a candidate each election cycle. There was a $2,700 limit in 2016, though its since been raised to $3,300.) Meanwhile, Trump admitted to reimbursing Cohen for this payment, using his own (not campaign) money. It was "a simple private transaction," said Trump, seeming to believe this made everything legal.

And indeed, experts have been divided over whether this payment counted as a criminal act, a campaign finance law violation, or nothing. As Reason's Jacob Sullum points out, "there is nothing inherently illegal about that payment." The theory underlying the case against Cohen was that he paid the money to influence the 2016 presidential election—but the money could just as well have been "to avoiding personal embarrassment for Trump or [to spare] Melania Trump's feelings."

The Federal Election Commission (FEC) investigated the matter as a possible violation of election law, but eventually decided not to pursue it.

Now, around seven years after Cohen paid Daniels, Manhattan District Attorney Alvin Bragg is pursuing criminal charges against Trump. This time, the case rests on whether Trump falsified business records and with what intent.

In court, Cohen said that Trump's company had "falsely accounted" for the reimbursement payments he received, calling them legal expenses and citing a retainer agreement that didn't exist. Cohen has also claimed that Trump knew about this deception.

"In New York, falsifying business records can amount to a crime, albeit a misdemeanor," notes The New York Times. "To elevate the crime to a felony charge, Mr. Bragg's prosecutors must show that Mr. Trump's 'intent to defraud' included an intent to commit or conceal a second crime. In this case, that second crime could be a violation of New York State election law."

But proving that Trump intentionally violated campaign finance rules is hard, considering Trump's statements that he thought the personal payment was just a private transaction. The lack of evidence that Trump "knowingly and willingly" flouted election law seems to be why a federal case was never pursued. (It's also unclear how New York election law would cover a violation of federal limits on campaign contributions.)

"Even if Mr. Trump is indicted, convicting him or sending him to prison will be challenging," comments the Times. "For one thing, Mr. Trump's lawyers are sure to attack Mr. Cohen's credibility by citing his criminal record. The case against the former president also likely hinges on an untested and therefore risky legal theory involving a complex interplay of laws. Combining the falsifying business records charge with a violation of state election law would be a novel legal theory for any criminal case, let alone one against the former president."

The idea that New York prosecutors will somehow succeed in showing what the FEC and other federal authorities couldn't is suspect. They're also running up against statute-of-limitations constraints. "In New York, misdemeanors have to be prosecuted within two years, and Class E felonies have to be prosecuted within five years," writes Sullum, who points out that the "legal expenses" payments to Cohen were made sometime in 2017. "Prosecutors would have to cite records that were falsified more recently, which maybe they can do, but to what end?"

Considering all of this, prosecuting Trump now would basically be an exercise in chest-thumping to score some political points, not a pure effort to see that justice is served. Which means that Trump's claims of a politics-based persecution could, in this instance, be right.