This morning, many of us are emerging from the late coverage last night after the conviction of former President Donald Trump on 34 felonies. I was in the courtroom for the verdict, which hit like a thunderclap (particularly after a strange snafu with the judge). The question that everyone is asking: what happens next?
The scene in the court was a madhouse. Judge Juan Merchan told the court that the jury had not reached a verdict and would be dismissed for the day. Many reporters in the overflow courtroom were leaving when Merchan suddenly said that there was a verdict. People came running back into the courtroom. That was followed by 34 guilty verdicts.
I am obviously saddened by the verdict, but not surprised. Until the very end, I was hopeful that there would be a hung jury, a result that could restore some integrity to the New York criminal justice system. However, I previously noted that the jury instructions made conviction much more likely. I referred to the deliberations as a legal “canned hunt” due to instructions that made conviction a near certainty.
You could feel the weight of history in the courtroom, though we still have to see what history was made. For some, it was the conviction of the first president of a felony. For others, it was the key moment where the weaponization of the criminal system became clear and inescapable. It was both, obviously. Yet, the trial fulfilled narratives on both sides.
I ran outside to join the coverage. (One humorous moment was an officer screaming at reporters piling out of the courtroom to “walk not run.” It did not work.) It looked like the final judgment with everyone panicking to find an exit.
The scene outside the courtroom was surreal. The Trump supporters were outraged. The anti-Trump protesters were ecstatic, dancing and celebrating in the street.
While I have written a book about what I have called “the age of rage,” I am always shocked by such scenes. There is a dehumanizing element of these moments as people celebrate not just the first conviction of a president but a person. Rage is addictive and contagious. That was vividly evident outside the courtroom.
So what happens next?
Obviously, appeals will be taken. As I said last night, we must keep the faith. Indeed, moments like this require us to take a leap of faith in a nation that remains committed to the rule of law. Manhattan is neither the entirety of the country nor the legal system. I believe that these convictions will be overturned, but it will take time. Judge Merchan committed, in my view, layers of reversible error. Eventually, this case may reach the United States Supreme Court.
It has been suggested that an appeal could be taken directly to the Supreme Court. I find that doubtful after the Supreme Court rejected an expedited process for Special Counsel Jack Smith in his federal prosecutions. It will work first through the New York appellate system.
As for the criminal process, Trump will have to meet with a probation officer for an interview. That officer will make recommendations to the court.
There is a possibility of a jail sentence for felonies that come with up to four years for each offense. Any jail sentences would almost certainly run concurrently. However, any jail sentence would be ridiculous in Manhattan for an elderly first-offender in a non-violent offense.
Consistent with his past commentary, MSNBC legal analyst and former Mueller aide Andrew Weissmann predicted that Merchan will give Trump jail time. He is not alone as legal analysts seemed to get caught up in a thrill-kill conviction.
It is much more likely that Merchan will impose a sentence without a jail sentence, though with fines. The most appropriate, in my view, would be a conditional discharge that requires Trump not to commit a new crime or face potential imprisonment.
Merchan could also tailor a sentence to require home confinement or even weekend jailing. Those options would raise serious conflicts with his campaigning and obviously, if elected, serving as president. Even the probation process will be awkward since a convicted defendant ordinarily has to get approval for any travel outside of the state from his probation officer.
Sentences can also include community service, counseling and other requirements.
After his ruling in this trial, it is impossible to rule anything out. However, any jail sentence would add even more outrage to an abuse of the criminal law system.
@ByronYork
Still remarkable that Judge Merchan contributed to the Biden campaign and other anti-Trump causes. Extremely small amounts, which makes it more striking that he would so clearly violate rules of judicial conduct to make them. https://fec.gov/data/receipts/?data_type=processed&contributor_name=Juan+Merchan…
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@JesseKellyDC
Not at all remarkable when you accept that you’re living in a communist country with one-party rule and like every communist country, being a member of the Party is everything. It’s a ticket to high society.
Merchan punched his ticket to the good life. That’s all.
Help me understand teh appelalte process. Can Trump appeal to the Federal courts quickly or must he go through 2 painfully long NYS appellate courts first?
The second option
Sad day for Jonathan Turley. A previously well-respected jurist who threw his support behind a loser in more ways than one. Trump was convicted by a jury of his peers in New York, where he spent the majority of his life, including one guy who said he gets his news from Truth Social. I was actually pretty sure this would end in a hung jury for that reason. It did not. Now, Jonathan Turley’s previously unimpeachable reputation lies in tatters. Sad.
Sad day for you. This”trial” was a circus. The conviction will be reversed but not before Election Day, which was the point all along, right?
Professor is basing his arguments on irrefutable facts that you have not objected. Jonathan Turley said that he was in the Courtroom and did not listen to Judgen articulate on what the crime that Trump committed was. That is very serious!!! It does therefore not warrant rabble rousing on an issue that is dealing a serious spank on America’s image. I am writing from Cameroun in Africa. We are looking at America as another Banana Republic from the “Developed world”. I will never glow seeing my “enemy” unjusrtly treated. No!!! My name is Aaron Agien Nyangkwe
Turley is used to dealing with human stuff. Not a bunch of g d rabid dogs with nothing but mush in their heads sicced on a sacrificed victim.
It’s easy to throw crap when you won’t speak with your name to back it up! This make your opinion invalid and unworthy of any real response!
Covid killed 1.1 million Americans. Fact. No one in her right mind disputes that. Millions more died around the world from it. The first known case surfaced in November, 2019 in China. Our advances in science over the past century are stunning and our expectations to resolve/immunize/treat diseases couldn’t be higher. Yet, a new batch of complex and deadly viruses is attacking not only our lives but our very best science and scientific apparatus available to present potent remedies.
This is just the beginning, the first round, of worldwide devastation from viruses that learn and mutate at the speed of light.
I am a Trump supporter and Fox news dude. On the virus, our side has been way, way off.
Hmmm. I believe I am in my right mind and I have come to the conclusions that
– covid killed almost no-one
– much of what is described as science today is corrupt fraud, and virology is very much part of that – to the extent that it is within the bounds of possibility that covid does not, and never did, exist.
– we are under little to no threat from any virus, new or otherwise. We are however under considerable threat from corrupt interests who wish to sell us cures which are much worse than the diseases for which they are marketed as a cure.
On the other hand I am neither a Trump supporter, nor a Fox news dude – regarding both as largely risible.
Pity. There are millions more just like you. The earth IS flat and I built the sets for the moon scenery and I planted bombs all over the Towers. NASA and Bush still owe me for the overtime I put in.
Ty for making it clear that you are a fool
I think you lie on both subjects in last sentence.