Below is my column in the New York Post on the developments in the pending Trump cases. I previously wrote that, if Trump prevailed in this election, it was likely that Special Counsel Jack Smith would “not see a jury in either of his cases.” This morning, Smith is reportedly in discussions on the possible dropping of his two federal cases against the president-elect. The prosecutorial campaigns appear to be collapsing with the political campaigns against Trump.
Here is the column:
After years of thrill-kill prosecutions, the thrill is gone for lawfare warriors.
Election Day’s greatest losers may be special counsel Jack Smith, New York Attorney General Letitia James and Manhattan District Attorney Alvin Bragg.
Donald Trump’s victory was the largest jury verdict that some of us anticipated for years of unrelenting weaponization of the legal system.
Smith’s prosecutions ended with the 270th Electoral College vote secured around 2 a.m. Wednesday. His unrelenting efforts to convict Trump and then, when prevented from holding a trial, to release damaging material before the election have collapsed with the blue wall in the Midwest.
Trump has said he plans to fire Smith on Day 1. That means the end of both the January 6 and the classified documents cases.
That leaves James and Bragg as residue of long-forgotten lawfare battles, but even there Trump’s prospects look good.
James was able to secure a fellow lawfare warrior in Justice Arthur Engoron, who imposed a grotesque $455 million in fines and interest.
That ruling is pending an appeal that is expected to be a partial or even total victory for Trump.
Unlike Engoron, the appellate judges expressed great skepticism in September over the size of the penalty and even the use of this law.
Trump faced half a billion dollars in penalty in a case where no one lost a dime, and the alleged victim banks wanted more business with Trump and his company.
Separately, there is a hearing scheduled in front of Judge Juan Merchan for Nov. 11 on the “hush money” case involving Stormy Daniels, and a possible sentencing on Nov. 26.
If Merchan seeks to jail Trump, it is unlikely to be carried out, as Trump appeals the case and the many alleged errors committed by the judge.
Merchan made an utter mess of a case that should never have been filed, let alone tried. Even commentators like CNN’s senior legal analyst, Elie Honig, have denounced the case as a selective and unfounded prosecution.
The case should result in a conditional discharge with no jail time if Merchan can resist the temptation to unjustly punish Trump, a level of restraint that has largely proven difficult for him in the case.
Merchan created layers of appealable errors in the case. Putting those alleged errors aside, any sentencing to jail would create its own constitutional conflict with Trump’s performance of his federal duties.
The question is whether the election will bring a moment of sobriety for New Yorkers who have spent years in a full rage-driven celebration of lawfare.
While Trump did not prevail in New York, he came closer than any Republican in decades.
After this steady diet of politicized prosecutions in New York, Trump secured 44.3% of the vote, while Harris received 55.7%. In 2020, the margin was 23 points.
It is doubtful that the election will completely kill the appetite for lawfare in New York. As I wrote in my recent book, “The Indispensable Right: Free Speech in an Age of Rage,” “rage is liberating, even addictive. It allows us to say and do things that we would ordinarily avoid, even denounce in others.”
What people do not want to admit that is that they like the rage.
Rage addicts will continue to push James and Bragg to continue these unhinged campaigns. It is not prosecutorial — it is recreational.
We can only hope that James and Bragg feel a twinge of humility when their cases fall apart along with the Kamala Harris campaign.
And Merchan has the opportunity to use this brief sobering moment and issue a conditional discharge without home or actual confinement.
He can take judicial notice of Trump’s election as our next president and end this circus in Manhattan.
Instead of listening to the braying mob, he can act as a judge and tell New Yorkers, in the immortal words of B.B. King:
“The thrill is gone
It’s gone away for good
All the thrill is gone
Baby, it’s gone away for good…
I’m free from your spell
And now that it’s all over
All that I can do is wish you well.”
Jonathan Turley is a Fox News Media contributor and the Shapiro professor of public interest law at George Washington University. He is the author of “The Indispensable Right: Free Speech in an Age of Rage.”
.. we know that Merchan wanted to wait until after the Election to see what his options were.. If he were smart, he’d just find an excuse to dismiss the case.. and not continue down the clearly unhinged weaponization path…
Trump and his lawyers should not let these lawfare cases be quietly ended.
They should continue to challenge the constitutionality of the Jack Smith appointment. Because if and when they win, that would mean that Merrick Garland and Jack Smith are guilty of crimes for exceeding their legal authority and he and all his cronies in the DOJ can be criminally charged.
They should seek the disbarment of Fani Willis.
And for the NY cases, Alvin Bragg and Judge Engoron as well as Leticia James and Judge Merchan should all be sued for malicious prosecution.
so prosecuting for a thrill is a thing?
How about we PROSECUTE the 100’s of DAs, prosecutors, AGs, judges….prosecuting Trump and his people for a thrill!
Garland, Fani, Letitia, Jack, Comey, Muller, etc?
Turley,
The smart thing for Merchan to do is to set aside the verdict based on the SCOTUS decision resolving the issue of immunity.
That there’s now testimony that needs to be struck. Could he say its a mistrial thus giving Bragg leave to retry Trump?
(Which Bragg won’t or rather can’t since Trump will be a sitting POTUS)
My bet says that Merchan makes this go away.
The point was to damage Trump as a candidate.
They tried and failed.
He continues down this path… he faces career suicide.
-G
Even the really big cockroaches are now scurrying for the dark corners of the room…
After Bashing Half of America, Obamas and Clintons Now Issue Statements on ‘Grace’
https://redstate.com/bobhoge/2024/11/07/after-bashing-half-of-americas-voters-obamas-and-clintons-now-issue-unifying-statements-on-trump-win-n2181666
The unselfconscious chutzpah is simply astounding.
Brag and James are Left Wing Soros Radical DEMS, who let thugs, murders and etc off the hook to repeat their crimes. They went after Trump and continue their efforts; the smart thing would be to drop everything along with Judge Merchan but James has already said full steam ahead. Merchan, if he were smart and not a DEM/Soros Stooge would drop everything and he can, we will see next week.
Trump DOJ should set up a task force and review this DEM lawfare and Left Wing Radical ideas including the J6 prosecutions. They should hold accountable and punish those who abused their power to ruin people and destroy lives.
They need to due a house cleaning. They need to hold accountable the radical policies of the Left Wing Radical AG’s, District Attorneys, Judges and etc. The Rule of Law and the Constitution must be reestablished.
James’s unhinged rant against Trump yesterday will probably have been noticed by the NY judges deciding his appeal. It’s too late for it to be considered evidence in his case (arguing that the prosecution was a vindictive exercise and had little basis in law), but the judges are human beings who will not miss its significance nonetheless. James did not do herself any favors.
@Old Man…
James did it to further her clout as she plans to run for Mayor in NYC.
Her remarks were in response to Harris’ concession speech. (Viva la resistance and all that carp) [sic]
James should be disbarred and Trump should sue her and the state of NY for millions.
Engoron too. (But that is more wishful thinking.)
-G
I’m pretty sure that under the new administration, someone may start looking into the campaign contributions and other such money, like those received by Mayor Adams, which the good prosecutor herself may have received, accepted, or requested.
Accountability is best served cold.