Below is my column in the Hill on the sentencing this week of President-Elect Donald Trump in Manhattan. Judge Juan Merchan waited to schedule the hearing for just ten days before the inauguration, limiting the time available to appeal. His order suggests that, if there is any interruption or delay in his sentencing, he might follow the advice of Manhattan District Attorney Alvin Bragg and suspend sentencing for four years, a terrible option that we previously discussed. One could call that passively aggressive, but it seems quite actively aggressive.
Here is the column:
At 9:30 a.m. on Jan. 10, 2025, the curtain will fall on the longest performance of “Hamlet” in history. Acting Justice Juan Merchan will finally decide whether “to be or not to be” the judge to sentence Trump to jail. (Spoiler alert: He appears set to avoid a jail sentence and likely reversal.)
Since Trump’s conviction in May 2024, Merchan has contemplated his sentencing options. This was to be the orange-jump-suit moment many longed for over years of unrequited lawfare. They will likely be disappointed. As some of us noted after the verdict, this type of case would often result in an unconditional discharge or a sentence without jail time. That prediction became more likely after Trump was reelected in November. Limits on Trump’s freedom or liberty would likely result in a fast reversal, and Merchan knew it.
While various pundits predicted that Trump “will go to jail” after the trial, more realistic lawfare warriors had other ideas. The next best thing was to suspend proceedings and leave Trump in a type of legal suspended animation. Merchan would hold a leash on the president as a criminal defendant awaiting punishment.
But the whole point of a trophy-kill case is the trophy itself. Merchan will not disappoint. While indicating that he is inclined to a sentence without jail or probation, he will finalize the conviction of Trump just 10 days before his inauguration. In so doing, he will formally label the president-elect a convicted felon.
It will be punishment by soundbite. Trump will become the first convicted felon to be sworn into office, a historical footnote that will be repeated mantra-like in the media.
Merchan seems at points to be writing the actual talking points for the talking heads. In his order, he states grandly that the jurors found that this “was the premediated and continuous deception by the leader of the free world.” He then adds that he could not vacate the conviction because it would … constitute a disproportionate result and cause immeasurable damage to the citizenry’s confidence in the Rule of Law.”
Of course, this did not work out as many hoped. That apparently includes President Biden. Last week, the Washington Post reported that Biden was irate over the Justice Department’s failure to prosecute Trump more quickly to secure a conviction before the election. He also reportedly regretted his appointment of Attorney General Merrick Garland as insufficiently aggressive in pursuing Trump. It appears Garland was not sufficiently Bragg-like for Biden’s lawfare tastes.
The sentencing, however, will have another impact. Trump will finally be able to appeal this horrendous case. It has always been a target-rich opportunity for appeal, but Trump could not launch a comprehensive appeal until after he was sentenced.
Those appellate issues include charges based on a novel criminal theory through which New York County District Attorney Alvin Bragg not only zapped a dead misdemeanor into life (after the expiration of the statute of limitation) but based a state charge on federal election law and federal taxation violations. So, after the Justice Department declined to prosecute federal violations, Bragg effectively did so in state court with Merchan’s blessing.
The issues also include Merchan’s absurd instructions to the jury. The novel theory demanded a secondary offense, the crime that Trump was seeking to conceal by listing payments as legal expenses. Merchan allowed the jury to find that the secondary offense was any of an array of vaguely defined options. Even on the jury form, they did not have to specify which crimes were found. Merchan did not require even a majority, let alone a unanimous jury, to agree on what actually occurred.
Under Merchan’s instruction, the jury could have split four-four-four on whether this was all done to conceal a federal election violation, falsification of business records or taxation violations. Neither Trump nor the public will ever know.
Even CNN’s senior legal analyst Elie Honig denounced the case as legally flawed and unprecedented. Sen. John Fetterman (D-Pa.) recently put it more simply and called the case total “b—s–t.”
While expectations are not great for the New York legal system itself, this case will eventually go to the United States Supreme Court.
Of course, like so much else in the vortex of Merchan’s courtroom, the final leave to appeal comes at a cost. While Merchan admits begrudgingly that incarceration is no longer “practical,” Trump will now have to appeal this case over the course of his presidency.
When the sentence is imposed on Jan. 10, it is likely to feel comically downsized given the effort. After years and millions spent in the various Trump cases, Trump will likely receive an unconditional discharge and sent along his way . . . to the White House.
As predicted, the two federal cases never saw a trial in Florida or Washington, D.C. In Georgia, Fani Willis was dropped from her racketeering case, which has gone nowhere due to her own misconduct. It is like the Allied forces launching the Normandy Invasion to capture Monaco.
In the meantime, the 2024 election proved to be the largest verdict in history after years of lawfare and biased media reporting came to nothing. Merchan showed little self-awareness in claiming that he was only trying to avoid “immeasurable damage to the citizenry’s confidence in the Rule of Law” in continuing the case. Polls show the public saw these cases as lawfare and Merchan is widely viewed as causing precisely that “immeasurable damage” with his handling of the case.
Given this record, it may be fitting that the trophy from the New York case is a media talking point, while it lasts.
So, Merchan’s performance of Hamlet on the Hudson will close off Broadway long after the audience has left. The reviews will be mixed since few minds will be changed. As the protagonist himself proclaimed, “I must be cruel only to be kind; thus bad begins, and worse remains behind.”
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.”
Thanks to one of Trump’s stupidest picks, nominating the Marxist twit Amy Coney Barrett to the U.S. Supreme Court, she joined the other Marxists on the Supreme Court to give the thumbs up on Marxist “judge” Juan “Tghe Con” Merchan so that they can label Donald J. Trump a “convicted felon.” The unhinged Dunceocrat Marxists are already whipping themselves up into a maturbatory frenzy over this latest Marxist move.
Trump is probably kicking himself for nominating a Marxist legal twit instead of conservative scholar. But Trump made a lot of stupid mistakes appointing Dunceocrat-RINO Marxists left and right to all sorts of important posts, doing incalculable damage. Legal Twit Barrett continues her damage on the Constitition as she takes a huge poop on it with her latest predictable decision.
If anyone doubts that Merchan WOULD HAVE sent Trump to PRISON had Kamla “won” the election, this proves it.
Merchan should be perp walked into prison in an orange jumpsuit.
Right next to Fat Alvin. Letitia James. Engoron, too.
PROSECUTE every single one of these criminals.
Don’t just talk, DO IT THIS TIME for God’s sake.
Alvin Bragg .. that Black Humpty Dumpty… should hang for having conjured up this barratry …. Letitia can join him…hang her
with a piano wire…. ,,, and don’t forget Merit Garlan w/ his secret meetings with Black Humpty.
“The President of the United States is immune from criminal prosecution for official acts?
But he is not immune from criminal sentencing–by a corrupt, partisan, and dangerous local judge–10 days before his inauguration?
This ruling is by 3 partisans, 1 lightweight, and 1 wimp.”
🇺🇸 Mike Davis 🇺🇸
@mrddmia
The Supreme Court delegitimization is complete.
The gutless dumasses destroyed themselves.
ACB pick was a mistake from the getgo.
John Roberts desperately wants to be accepted in the DC cocktail class.
Sonia is a moron.
Ktanji got her Make a Wish broadway debut shoving her politics in your face.
well done dumasses
When are people going to wake up and acknowledge that Trump is above the law and has right to defraud anyone he wants over whatever he wants?
Your anti-TDS script is ready for pickup.
Deranged
Maybe the movie “Springtime for Hitler” can come into play (no pun intended) here?
“It is like the Allied forces launching the Normandy Invasion to capture Monaco.”
😂😂😂 Great line!!!
None of the people, especial Merchan, understands martyrdom. This case has resulted in one very good outcome. It has exposed the corruption in our judicial system for all to see. The exposure of this truth reduces the power of the third branch of government by eroding the peoples trust in it. It is a reminder to We the People of the evils of “big government.”
* Barack Obama was the biggest tragedy of all time.
May the heavens have pity.
Congressmen and Senators may be merely citizens. The President must be a “natural born citizen.”
There is a difference in law that exists between Vattel, 1758, and Blackstone, 1765 – Vattel’s “natural born citizen” requiring two parents and a father who are citizens at the time of the candidate’s birth, and Blackstone’s natural born subject requiring only birth in the nation.
The Founders and Framers required a higher form of citizenship for president than for Senate or Congress – citizen compared to “natural born citizen.”
Obama, the tragedy, will only ever be a citizen and never a “natural born citizen,” and Obama will never be eligible for the office of president.
The same is true for Harris.
The singular American failure is the judicial branch, with emphasis on the Supreme Court.
So what?
Why do you repeat this every day?
Are you autistic, or just an obsessive compulsive with an imagined axe to grind?
The obvious futility of retyping that here every day suggests that its one or the other.
Uhm… Check your dates you silly git.
And also consider that using Vattel there would be no citizens in the colonies.
A Brit marries a French woman. They have a kid. Now the kid wouldn’t be considered British because his mom wasn’t a citizen.
And if you look at royalty… then none of the Brit Royalty would be considered British using Vattel’s logic.
DEI hire
And now we have a problem…
The hard core leftist Democrats want to have Trump convicted, regardless of any jail time so that they can call him a convicted felon.
There is no doubt in that. No hiding the political nature of the case.
Even in other press, the Dems are reportedly angry because Garland didn’t go after Trump earlier. Same too w Biden, if the reports from the WH are to be believed.
Regardless of the veracity… its enough to warrant an investigation, and also to charge these lawfare perpetrators w election interference. There is mens rea, intent, and motive.
To add to this… look at the treatment of the J6ers. That too is a precedence. Imagine if Bragg, Merchan, James, Engoran, Smith and their staff were all sent to jail under the same conditions as the J6ers all on Election interference charges held in jail w no bail awaiting trial. While this may be the wet dream of some GOPers, there is now a precedence, and honestly, it should happen… and here’s why.
Everyone agrees that this was lawfare at its worst. Biden on down went after his political opponent. James ran on a ‘get Trump at all costs’ platform.
If we want it to stop, we need to hold these people accountable. That means hitting them w the law and putting them on trial.
We also have the documentation that these state cases colluded w the Biden WH. Look at the trips to the WH by the prosecutors.
I wonder what Turley would have to say.
Clearly you not only have prosecutorial misconduct which is actionable in civil court against the state and the individuals… but also judicial misconduct by both Engoron and Merchan. These are two cases where getting their wrists slapped by their peers is not enough. Which leaves criminal prosecution as the only answer.
-G
I have repeatedly said that the only way this gets fixed for Americans is to hold all these criminals accountable. The true criminality is rampant throughout government. The beating on their chest committees and letters and subpoenas are meaningless without criminal convictions. It’s go along get along because they ALL are complicit in having their hands out for their cut. Public service now pays far better than any private sector jobs available.
When a vote can be bought with a check in the mail, it won’t be far out for our Nation to fail. I hope Kash Patel goes for their throat!
And the only real way to ‘hold them accountable’ is to use their own rules against them.
“The hard core leftist Democrats want to have Trump convicted, regardless of any jail time so that they can call him a convicted felon.
There is no doubt in that. No hiding the political nature of the case. ”
And what makes you think that they will not continue to make that claim, regardless of the ultimate outcome of this case? They have already shown themselves completely insulated from reality and logic by insisting that the case is not the ridiculous, completely concocted sham it obviously is. Getting a conviction overturned by a higher court or even Mechan postponing or dismissing wold have zero effect on those idiots.
@Number 6, (Is that a Dirty Dozen reference?)
And that’s the point I’m trying to make.
The only way you end this is what I and others like @Traveler say. Hold them accountable.
Merchan convicts Trump, sentences him to no time.
Dems make the claim he is a convicted felon.
Trump appeals and the case is overturned. He’s still labeled.
Trump sues Bragg for malicious prosecution. He’s still labeled.
Merchan and Bragg(and his team) are charged w election interference and are convicted…
Then no one will make the claim. The counter claim would be… to ask well what happened to Bragg and Merchan? They were charged and convicted.
Even if they weren’t convicted… (convicting Mechan isn’t as easy as it sounds…) If Trump sued Bragg in civil court… and won… it would also remove that taint.
Still the issue is that to end lawfare you need to go after the perps.
-G
Lame. Yet you say nothing about the evidence and why the specific evidence is faulty.
Huh?
Nope. Not lame.
There are many issues each worthy of an appeal.
This is why Trump can get it overturned on appeal. If not at the first level… then the second.
Also you can expect little to no support for the state… in fighting the appeal.
Leta hope that bondi is full of bite and not just all talk
OT: UN watchdog group urges dismantling of UNRWA for ‘enabling crimes against humanity’
By Published Jan. 6, 2025, 12:18 a.m. ET
A United Nations watchdog group says the infamous UN relief agency that provides $1.5 billion a year to Palestinians should be disbanded for colluding with terrorists and “enabling crimes against humanity.”
“The United Nations Relief and Works Agency for Palestine Refugees (UNRWA) is neither independent nor neutral,” says a scathing new report by the Swiss-based group UN WATCH.
nt:“UNRWA’s senior management not only employs individuals tied to Hamas terrorism but also allows terrorist groups like Hamas to influence and obstruct critical agency decisions and policies.
Cont: https://nypost.com/2025/01/06/us-news/un-watchdog-group-urges-dismantlingly-of-unrwa-for-enabling-crimes-gainst-humanity/?utm_campaign=israelwarupdate&utm_source=sailthru&utm_medium=email&utm_content=20250106&lctg=62680bbe38a279b1870b18c5&utm_term=NYP%20-%20Israel%20War%20Update
Juan Manuel Merchan maneuvered a court of justice into a weapon of political retribution.
Juan Manuel Merchan conducted a momentous anti-American criminal act against American governance as a treasonous agent of foreign allegiances.
Juan Manuel Merchan egregiously usurped and abused power.
Juan Manuel Merchan, with great deliberation, conducted a partial and illicit legal assault as “lawfare” against, not a criminal but a political opponent.
Juan Manuel Merchan must be impeached, convicted, removed, and charged with federal crimes, including election fraud, corruption, and interference against the United States of America.
Rudy Giuliani held in contempt in case brought by two former Georgia election workers he defamed
Things not working out for those that cozy up to the convicted felon, sexual abusing trump. Only a matter of time before those sucking up to trump face the court for their deeds. Take note Musk. Getting close to trump will cost you.
USD146M defamation award is ridiculous. Just more lawfare. How fo we fix this?
Eventually it gets tossed.
What is likely is that SCOTUS narrows the ability to make defamation claims.
Personally, I think it is time to end the tort of defamation. It is way too easy to abuse.
Getting rid of defamation means that each of us has to assess the trustworthiness of what we hear.
We can no longer just beleive what we hear – because if it was not true those spreading it would be sued.
To a significant extent we have already weakened defamation law – as Social Media companies can not be sued for the defamatory content of their users.
The Guiliani case will eventuially be dismissed – it is just more lawfare.
You can not defame someone in a court proceding.
You can not use defamation as a means to preclude public examination and criticism of the conduct of government activities.
Guiliani never identified the individuals, he merely showed video of their actions.
That does NOT constitutte defamation.
Again just more left wing nut lawfare,
And you wonder why the public does not trust you ?
“Those who made this attack on our government need to be identified and prosecuted to the fullest extent of the law. Their actions are repugnant to democracy.”
“I unambiguously condemn in the strongest possible terms any and all forms of violent protest. Any individual who committed violence today should be prosecuted to the fullest extent of the law,” and, “It is beyond time to remember that while we may disagree, we are all Americans, and there is far more that unites us than divides us. I extend my deepest thanks to the United States Capitol Police for protecting the Capitol complex today and all days.”
“These actions at the US Capitol by protestors are truly despicable and unacceptable. While I am safe and sheltering in place, these protests are prohibiting us from doing our constitutional duty. I condemn them in the strongest possible terms. We are a nation of laws.”
“This violence and destruction have no place in our republic. It must end now.”
“Jan 6th is a reminder to me: cowardice spreads like wildfire… this country needs leaders who are willing to tell the people the truth, not pander to lies.”
All great quotes by former members of the Republican Party, Now current members of the trump fascist racist sexist party. vWhat happened?
boo hoo
What happened is that the truth has slowly come out.
I think you will find that most people beleive there was significant fraud in 2020.
Harris;s inability to get even close to Biden’s vote totals is pretty damning evidence.
While Harris is less than a perfect candidate – she actually ran a far better campaign than Biden did in 2020.
And yet she lost – decisively.
Why ? Did 10M 2020 Democrat voters just stay home ? Really ? almost 10M more voters came out in 2020 because Biden ran such a stellar campaign ?
Because he is such an appealing nominee ?
If anything by 2024 undecided voters had more reason to vote against Trump – after all he is a “convicted Fellon” a fascist, a racist and this election could be the last,
he is the end of democracy.
There are really only three possible differences between 2020 and 2024.
1). Voters no longer believe democrats – if that is the case the democratic party is in for a long period in the woodshed.
2). Millions of Biden votes were fraud.
3). The biden administration has failed so badly and tarnished the democratic brand.
The truth is likely all of the above. Regardless atleast one of the above it with certainty true.
And that is the difference.
Shortly most J6 convictions will be vacated by pardon – and the majority of people will be fine with that.
Ultimately J6 will be remembered as much ado about nothing.
More histrionic democrats crying the sky is falling when nothing was really out of the ordinary.