Below is my column in the New York Post on the effort of Alvin Bragg to suspend the criminal case against President-Elect Donald Trump for almost five years. It would be a terrible choice for the court and for the country.
Here is the column:
Manhattan District Attorney Alvin Bragg pushed Tuesday to create a new constitutional creature: the layaway president.
It was once common for stores to hold expensive items that you really wanted but could not make the payment.
So they were tagged and kept on the shelf until you were ready to redeem your item.
For Bragg, that leaves Donald Trump tagged until 2029.
In a filing before Manhattan Justice Juan Merchan, Bragg suggested that the court should stay the pending criminal case and defer any sentencing “until after the end of defendant’s upcoming presidential term.”
That would allow a city prosecutor to put a leash on a sitting president for four years.
Trump would govern by the grace of this local judge and district attorney.
In the meantime, pundits and politicians could portray the president as free on a type of work release program.
The suggestion is appalling to most of the people in the country, including the majority of voters who voted for Trump.
Vice President Kamala Harris and Democrats ran on this and other cases in the election.
The result was arguably the largest jury decision in history.
That being said, I do not believe that the mere election of a president negates jury verdicts on 34 criminal counts.
But ample reasons exist to overturn those verdicts or to dismiss this case.
For example, after the verdict, the Supreme Court rendered its immunity decision barring the use of certain evidence against a president.
Some of the evidence used in the Manhattan case likely fell within one of the protected categories.
The prosecutors not only elicited testimony from Trump aides in the White House but then doubled down on the significance of that evidence in their closing arguments.
Merchan could declare that the court cannot rule out the impact of such testimony on the final verdict.
Even if Merchan, as expected, does not dismiss the case on the basis for the immunity decision, the trial was rife with reversible error.
This was a raw exercise of lawfare and Merchan did little to ensure fairness toward the defendant.
Yet none of those errors can be likely addressed until Merchan reaches final decisions on the motion to dismiss as well as the sentencing question.
While that will mean that Trump could, upon possible sentencing, formally become a convicted felon, the matter can then be finally pried out of the hands of Merchan and taken to higher courts for review.
The worst possible option is the one suggested by Bragg, who would adopt the popular persona of Trump’s turnkey.
The President would be seen by many as governing on a type of conditional status from one of the most politically compromised prosecutors in the country.
For Bragg and other Trump opponents, that may be far more satisfying than a sentencing now given the unlikelihood of any jail component.
After the years and millions spent on the case, it would be the ultimate buzz kill to have Trump sentenced to some fine or other non-carceral penalty.
Many Democrats want to have Trump govern with an asterisk of a “President pending sentencing.”
Instead, Trump would govern with the clock ticking toward a sentencing date.
It is a dangerous precedent. Such pending sentences can have a coercive impact on a president in dealing with given officials, including a state governor who might be willing to pardon a president.
Consider the effort of the governor of New York in restoring the lucrative state and local tax, or SALT, deductions.
There is no reason to believe that Trump would succumb to such leverage (and he has already indicated that he would consider the change).
However, any decision on policies like SALT would be the subject of speculation of whether a reduction in taxation was made in the hope of a reduction in incarceration.
Critics would suggest that New York is yanking on the leash to achieve policy advantages.
This is the same judge and prosecutor who gagged the leading candidate for the presidency in discussing aspects of the case in the months leading up to the election.
Now, they would allow him to govern pending their own suspended decisions on his future.
The Trump case was always a thrill kill for Bragg.
Under Bragg’s proposal, his supporters would prolong that thrill for four more years.
The cost, however, would be devastating for the country.
This country needs a president, not a president on layaway from the Manhattan District Attorney.
Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”
Put Trump on trial now. Easy solution. You all think he is a innocent anyhow.
He’s a bit busy. I’d rather put Bragg and Merchan on trial.
This Bragg fellow is no dummy. He has cemented his living in the lap of luxury for the rest of his life. It’s like the jail house snitch who gets an extra cookie on his tray. The pay off is not as huge with the snitch but the morals are the same. One is in jail and the other should be. Bragg is just going to the Warden Biden and saying warden I didn’t get my extra cookie today and Biden says I’ll speak with the strong boss Pelosi and she’ll get it taken care of. Bragg with pursed lips willfully pressed firmly against Mr. Biden’s ass comes with no surprise.
“. . . the effort of Alvin Bragg to suspend the criminal case against President-Elect Donald Trump for almost five years.” (JT)
“Justice delayed is justice denied”
But then that case, and the other lawfare cases, are not about justice. They are about kneecapping political opposition, and now about putting Trump under the Sword of Damocles.
Chew on this, libturds. Don’s trump card, is that, if the Senate doesnt consent to Gaetz as AG, he WILL be the replacement for the soon to be resigned Senator Rubio.
Trump already has DeSantis’ commitment on that.
If that’s true it’s vert clever but do you have a link or did you make it up?
LMAO everything is a link with you pinheads. Have you ever had first-hand knowledge of anything?
Goetz just stepped aside.
That’s quite a kink! Chess move.
IMMEDIATE WRIT OF CERTIORARI
I had to look that up but yes that makes sense. Take this power to defy the entire electorate and American people away from these outspoken political operatives and stop making America stumble like this. Time to move forward.
* Writ of mandamus . The appellate court orders Merchan to dismiss based on errors.
I wish Nancy Mace would defend women against the rapists and sex traffickers in her own party as fiercely as she is defending the Capitol bathrooms.
The Epstein and Diddy lists probably do include members of both parties. Women should be protected from all of them, as well as from biological males seeking to use women’s safe spaces and dominate women in competitive sports.
“I wish Nancy Mace would defend women against the rapists and sex traffickers”
I wish party didnt matter when it comes to rapists and sex traffickers. Because what that really says is you dont give a fvck about the women, only the politics.
“I wish Nancy Mace would defend women against the rapists and sex traffickers”
So you wish Mace was the DA instead of Bragg or Gascon
First Dems, the party of Clinton and Biden need to take stock of their own. Oh, and there’s the matter of a 2nd Gentleman Doug Emhoff and his screwy, ugly brood.
Good grief, Turley. Hanging your hat on the old “34 felony convictions” argument. Are you even aware how the “34” came to be? Contrived from the most nebulous BS lawfare could construct. Again, Professor, the purpose of the Law is to be the guarantor of Justice. It’s not a freaking game. It’s not an academic exercise. It’s not a weapon to be wielded by arrogant, power craven prosecutors and judges who position themselves as bastions of societal justice. The Law has become a joke to tens of millions of us. It no longer commands respect or deserves obedience.
@Clarke…. do you read Turely’s blog on a regular basis?
My thoughts exactly! 🤦♀️
For any of you morons claiming that Trump’s 6A rights wouldn’t be trampled by a 4 year delay, don’t forget you are the ones who claimed that Merchan could rightfully keep the restraining order in place until sentencing, and that Trump was liable for affecting his sentence by his actions between verdict and sentencing.
Any triple digit IQ can see that is horseshit, were it dragged out for 4 years.
You might be right but I’m curious, which rights? Due process? Can you provide some legal authority to support your claim?
So question: suppose Putin is willing to end the war if (a) Ukraine must permanently give up ambitions to join NATO, and (b) the borders are drawn along current lines? Apparently that is what he is intending to pose to Trump once he takes office in January.
https://www.newsmax.com/world/globaltalk/ukraine-war-russia/2024/11/20/id/1188753/
Wouldn’t that be worth it, to avoid nuclear catastrophe for the entire world? One comparison I can think of is when Mexico decided “no more war” and allowed the US to keep some of the territory it had captured in the Mexican-American war. At some point, the leader of the country that was invaded must do what’s best for his people, meaning pursue peace even if some territory must be sacrificed. Otherwise we might still be at war with Mexico.
Is it really worth standing on principle if that means the whole world goes up in flames? I say: No.
Someone pointed out how JFK stood up to the Russkies, and poof, they backed down. Leaving out the part where we now know if not for a Jr. grade Soviet Naval Officer, aboard a Nuke boat an American Destroyer was depth charging at the time off Cuba, who stopped their Captain from firing a nuke torp at the destroyer, we’d all be still hiding under the classroom desks. They also forgot to contrast and compare the potential results of the experiment by replacing JFK, a man known to have backbone at least, with a fellow who gets lost in the jungle after turning around from the microphone in Brazil.
Unlike our EU counterparts, the U.S. has no Civil Defense program, at all. Oh there are some wonderful hide-a-ways deep underground around and about the country, but those are for our government, specifically for COG. Continuity of Government. Not for you. In fact, there are no stockpiles of food, water, medicine, hospital beds, or some FEMA or other than didn’t exhaust its funds on illegal aliens so, you’re on your own folks. Well who knows, maybe they built one for the illegal aliens to shelter in…
Switzerland, albeit a smaller population of 8,921,981 in 2024, has the ability and has constructed the means of underground shelters with food, water, medicine, hospital beds, etc., for their entire population. Russia has made use of their subway systems since WWII, and still prepares for underground emergency survival in all of their subway systems storing food, water, medicine, hospital beds, etc. It’s more or less on a first come first-saved basis, but at least they have something. Finland as well has made Civil Defense preparations for their population, as well as Sweden, and that is likely not all of the countries who at least have their citizens in mind.
But here, in the U.S., nada. We have other priorities like funding Drag Queen Shows in Equator.
https://www.newsweek.com/fact-check-biden-administration-funding-drag-shows-ecuador-1753649
But that’s a mere 900,000. A drop in the bucket. Here’s another list of money that could have served to protect American citizens in a National Emergency, either from nukes, or from the Yellowstone Caldera, or a meteor strike, or some other event we know is going to happen at some point, some day.
https://posey.house.gov/wasteful-spending/
I could only get about 10 items down on that second link before I closed the tab in disgust. Good on you for finding that. Just more fuel for the fire.
(1st time poster)
$22 Trillion For Illegal Aliens Per Existing Immigration Law On January 1, 1863 As The Naturalization Act Of 1802.
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“In the 50 years since that time, U.S. taxpayers have spent over $22 trillion on anti-poverty programs.”
– Heritage Foundation
ISN’T THE SENTENANCING PHASE AN INTEGRAL PART OF A TRIAL? IF SO, WOULDN’T WAITING 4 YEARS TO SENTANCE VIOLATE THE SPEEDY TRIAL PROVISION OF THE CONSTITUTION? JOHN STOHLTON GW LAW GRADUATE OF 1964
No, sentencing is not part of trial. It occurs after trial has concluded.
But . . . different states have different laws on how long a court can wait to impose sentence. With that said, if the delay is requested by the defense, the time generally doesn’t count against limit.
Every one of these evil lawfare hoax “prosecutors” belong in prison.
BREAKING:
Trump nominates Arnold the Pig from Green Acres for Secretary of Agriculture.
By far the most qualified nominee so far.
Should sail through confirmation.
Mr. Ed for Secretary of Transportation
Mr. Haney for United States Trade Representative.
The replace the cock sucking, butt humping Howdy Doody.
Hahahah, that’s just so dang funny, it’s a double-dumb-down-triple-knee-slappin’ humdinger! Hey but sorry you have to repeat kindergarten because of bad grades, must be a bummer.
UPDATE:
Trump was unsurprisingly confused.
He meant to nominate farmer Fred Ziffel, who is actually Arnold’s owner.
Still an outstanding choice.
Confirmation is assured.
I know it’s a troll so whatever, but the funny part, and truthful part, is that any of those character’s would be far superior to what the current administration has at the present time.
It’s Lawn Boy, back to his childish “humor”, acting out because he got his little booty spanked on Nov 5th.
I wonder Professor if you could comment on my question? Would Trump have any avenue to appeal a delayed sentence as a violation of a speedy trial issue. Most states gurantee a speedy trial and along with that I would suspect that a speedy sentence might fall into play. Along with that could Trump appeal the delay in Federal Court or sue in Federal Court as a violation of his rights to a speedy trial or a delay in allowing him to appeal an unreasonable conviction?
“Most states gurantee a speedy trial “
Huh???
The sixth amendment applies in every state.
<iIn all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
I think it’s clear Trump was denied an impartial jury when the judge denied Trump’s request for a change of venue. Trump was also denied his 6th Amendment right to be informed of the nature and cause of the accusation when the felony predecessor for his crime was left as multiple choice for the jury. I also think the charges were a conspiracy between the prosecution and the Federal DOJ and White House. They should be Federally prosecuted as such. It seems to me that lawfare practitioners will only be discouraged by lawfare against them. They should be prosecuted to the fullest extent of the law, even if it’s a waste of time. The court expense is part of the punishment. Make sure gag orders are imposed.