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.”
“I don’t believe we live in a democracy anymore,” says Michael Fanone, who was nearly killed by Trump supporters four years ago.
Ashley Babbitt was crawling through a broken window while the mob was chanting hang Mike Pence.
Wrong again as usual
In what reality do you live in? Legal protester? Crawling through a broken window leading into the House Chamber?
ReallY?
You think that equates to the use of lethal force? He shot her in the throat through a plate glass reinforced window. There were multiple police officers standing next to her. Murder
She may not have been a “legal protester”, but how many illegal protesters on the left were shot by police officers in 2020?
No one in the US has lived in a democracy since 1787 at the latest. Try to pay attention, stupid.
No one in the US has lived in a democracy since 1987, at latest. Try to pay attention.
Only ignorant imbeciles (e.g. – YOU) are incapable of recognizing and acknowledging the difference between a democracy and a Republic.
Turls, trump is escaping accountability for the vast majority of his crimes.
He’s the best con man and grifter in this nation’s history.
The country is poised to re install a catastrophically bad president whose own cabinet of generals in his first admin made a pact to never leave him alone in Washington at any given time to prevent the damage he would surely cause.
The fact he was convicted of 34 felonies related to his cheating to get in office the first time, and you’re working Russian disinformation tactics to make pretend it didn’t happen, is beyond laughable at this point.
BIDEN CRIME FAMILY!!!
On point 100%. But trump has become a cult. A fascist cult at that. Apparently words have no meaning to trump supporters because if you look up the meaning of fascist and cult you will find 100% agreement with the trump situation.
But alas, we now have a man that is better than Christ, just ask him, he’ll tell you.
1) Everything trump says is true
2) trump never changes his mind.
Keep those two items in mind over the next 4 years and see how it pans out.
I feel sorry for you (no I don’t) you do not understand simple expressions.
If allowed President TRUMP will correct the problems biden and the dem/commies have brought to America
Could you tell us what problems those are?
* The biggest problem is your deeds have been noted in heavens. The most serious repercussion for all.
“TRUMP will correct the problems biden and the dem/commies have brought to America”
When asked what those problems are you point to me? Really? And who am I?
Typical low IQ trump cult member.
Keep your DEM tears flowing for the next 4 years (8,12,16)
+100
Cultified and completely worked/defeated by Russian espionage. Looking pretty much the same to me. Espionage trained samurai would always set fires when infiltrating enemy castles. Trump is a Russian fire. So’s Elon and Tulsi.
* That simply says just how bad Trump’s opponent was and is. Congrats.
The second lesson is that your hearts have been revealed to all.
The third lesson is when blackmailed for 135 thousand dollars just pay cash. The 135 thou went to pay off Cohen’s HELOC and not to the female at all.
I don’t think Trump should be jailed for falsifying business records because nobody else in New York gets jailed for those offenses. I do think that nobody else in the world could have been in contempt of court as many times as Trump was during the trial and not spent at least a few hours behind bars to consider his actions. Trump is above the law, worse yet he says he’s above the law up to shooting someone on Fifth Ave (the same street he sexually assaulted someone on). Is there anyone who thinks he didn’t falsify business records? Do you think he didn’t obstruct justice in the Federal cases that never got to trial? Trump deserves the title convicted felon, he earned it over and over. The question is, why don’t you care?
At what point will you seek the truth. The MSM talking points are old and exhausting.
At what point will you acknowledge the truth? A jury has heard the facts and decided he was guilty of falsifying business records and another jury found him liable for sexual assault. These things are facts on the record, you may not want them to be true but they are. As for obstruction of justice, it didn’t get a chance to play out in court but his known actions more than meet the standard. Professor Turley has often expressed his feeling that the obstruction charges had legs. Stay in denial, what has it gained you?
You are aware this was over $130K payment for a ND written off in the boos as legal fees. You are aware that Hillary Clinton at the same instance did a similar thing, only for multiple millions of dollars in paying for the Steele dossier. A fraudulent scheme concocted by the DNC scum. The big difference is Trump’s recording was legitimate while Clinton’s was a premeditated act to deceive. Yet Trump is chatged while the witch continues to fly her broom.
Didn’t a jury find Bryant and Milam innocent of murdering Emmett Till??? I am so glad that you are a person who can respect that decision!
You aren’t butt-hurt that Trump is a convicted felon because of what it says about him, but what it says about you.
That is a laughable statement! “What it says about me” – is that I have enough sense to recognize a witch hunt when I see one, and such a blatant one at that! And a witch hunt that even YOU can sorta see, because like you said above – “I don’t think Trump should be jailed for falsifying business records because nobody else in New York gets jailed for those offenses.”
See how close you are now to crossing over into the light? Not only do people not get jailed, they don’t even get charged with this sort of stuff, without a different sort of context going on. For example, Bob buys a couch for his home, and writes the check out of his business account and codes it, “office furniture.” No evidence of that here. I hate to post long copy and paste jobs, but if you are a sincere person, and not just one of the local DNC shills – this may help you –
“Penal Law Section 175.10 requires a showing (1) that Trump, with the intent to defraud, [made or caused to be made] false entr[ies] in an enterprise’s business records,” and (2) that “his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.” See NYPL §§ 175.05, 175.10.
Thus, the two elements require the District Attorney to prove that Trump intended to defraud, and intended to cover up a separate crime when he made or caused the false business entries.
The judge held preliminary discussions about the jury instructions on Tuesday. Trump argued that the jury instructions should specifically require the jury to find that the false business entries were made to “defraud” someone out of money or property. There has been no evidence admitted at trial to suggest that business records were falsified to defraud anyone out of money or property, which is the normal meaning of “fraud.” But there are some appellate division cases interpreting “defraud” to mean “mislead.” The prosecutor argued that the instructions should gloss over the requirement by suggesting that the business records were falsified to mislead the public.
But there is a problem with the DA’s argument. The false business records were made in 2017 after the 2016 election was over. They were private business records that were not disclosed to the public. How could they have been made with an “intent to defraud” the public when they were made after the election and without disclosure to the public?
There was no evidence in the trial to show why the records were falsified. I suspect that a decision was made to make the hush money payments through Cohen so that Trump’s fingerprints would not obviously be on the payments. That might preserve some measure of deniability, although not much. Payments made by one’s lawyer are usually on one’s behalf.
But Trump did not deny making the payments. So the public was not misled or “defrauded: in any way by the records.
Early in the case, the District Attorney suggested that Trump might have been disguising the payments to commit tax fraud. But the DA introduced no evidence to support that claim. Trump asked Judge Merchan to prevent the District Attorney from arguing the tax fraud point. The District Attorney argued that falsifying the payment as income to Cohen rather than a reimbursement was a “tax law violation,” but Trump pointed out that there is no evidence that anyone received a tax benefit from the characterization. The court did not rule on the issue.
If the judge does not clarify the legal issues, the jury will surely be confused about the requirements, and the basis for the jury’s verdict may be unclear.
Similarly, the parties argued about instructions concerning David Pecker’s testimony, which suggested that there was a conspiracy to catch and kill stories. That indeed might have been a crime, but it has nothing to do with the business entries that are the basis for the charges. If anything, that is a separate matter that is very prejudicial and not probative of the business records charges. The judge’s failure to instruct the jury not to consider character evidence about other crimes in determining whether Trump committed the charged business records violation may make verdict difficult to sustain on appeal.
The DA’s second requirement is to show that the business records were falsified with the intent to conceal a separate crime, separate from the “defraud” requirement. The DA has indicated that the separate crime is New York Election Law § 17.152, which makes it a misdemeanor to “conspire to promote or prevent the election of any person to public office by unlawful means.” This is circular since the separate crime itself requires conduct that uses “unlawful means.”
There is, I think, a theory for establishing a conspiracy to commit a separate crime, but it has nothing to do with the separate conspiracy involving David Pecker. Michael Cohen’s payment to Stormy Daniels was a loan made to Trump, and could be characterized as being made to influence the election. Campaign loans, like campaign contributions, are subject to campaign finance limits, so Michael Cohen’s loan might be an illegal campaign contribution. Trump conspired with Cohen to make the illegal campaign finance contribution loan. Therefore, Cohen violated federal campaign finance law, and Trump violated New York Election Law § 17.152 by conspiring with Cohen to do so.
The problem with this theory, however, is the intent requirement. Covering up the obscure New York Election Law and the federal campaign finance violation must have been the reason for making the payment through Cohen, and there was no evidence that either Cohen or Trump were aware of these rather obscure state or federal election law provisions in connection with the loan. Intending to hide a porn star payment seems very different from intending to hide an election law violation. It does not make sense that they would structure the payment through Cohen, which created an election law issue, if they were aware that it created an election law issue. Having Trump’s lawyer make the payment surely provided very little cover to Trump. Unless they were very foolish, they were likely unaware that they were doing anything illegal by running the hush money payments through Cohen.
So we do not know what Judge Merchan’s jury instructions will say, but he seemed to be leaning towards ambiguity rather than clarity, as he has throughout the case. Ambiguity might allow the jury to reach whatever determination they want based on their feelings for the parties and their conduct, rather than on the basis of the law. The testimony at trial shows a lot of sleazy and unethical dealings by Trump, Pecker, Stormy Daniels and Michael Cohen. By failing to distinguish the sleazy and unethical, from the illegal, the judge may obtain a conviction but it will be much less likely to be upheld on appeal. And ambiguity will continue to play into Trump’s political narrative of an unfair prosecution.
https://law.syracuse.edu/news/professor-gregory-germain-writes-the-most-important-part-of-trumps-hush-money-case-begins-next-week/
The dims have been chasing this guy for 9 years. They said that if they get control of the house in 2026, they will impeach Trump. Over a year ago he said I’m one indictment away from being re-elected. The dims just don’t get it.
Because there were no felonies, as maintained by leading lawyers Dershowitz (“worse case I ever saw”) and McCarthy, and as will be confirmed by courts of appeal upon inevitable appeal. “Convicted felon” will be clung to by the left but will, in fact, be no more.
Do you think Trump didn’t obstruct justice in the Federal cases? He didn’t get off because he was innocent but because he got reelected.
So howzabout the Biden crime family? What did they get off with? Tax evasion, bribery, fraud, money laundering? Time will tell rocket scientist.
And any day now the House will vote on impeachment. Right? Any day now.
@Enigma: One can only laugh at such malarky. Does Enigma understand the charges against Trump? It seems unlikely. If Enigma understands the charges, he should present them and state why they are valid. Does Enigma know the exact charges Trump was convicted of in NY? No. It was an illegal multiple-choice conviction. The jurors could pick a, b, or c to find Trump guilty of crimes that do not exist, were previously dismissed, or were standard bookkeeping practices.
““Convicted felon” will be clung to by the left”
Which is why everyone with as much as half a brain, including Trump, should completely ignore this case and Merchan. How many people do you suppose exist who will call Trump a convicted felon after Merchan pronounces sentence on Jan 10, but who would rescind that claim if/when Trump wins on appeal? Pick a number between 1 and 10.
It’s a FACT that he didn’t falsify business records. Undisputed (by anyone reputable). He didn’t make those entries that it was legal expenses (even though they were legal expenses). Someone else employed by the companies that do his paperwork did. You have TDS. You are brainwashed and I pity you. Really.
@Enigma
You are not remotely an enigma, and I’m not entirely sure you are even black. You are a troll, and you convince no one here of anything whatsoever. You are a clown, and you are very obviously very privileged to have the time on your hands to harass the rest of us the way you always do, unless you are paid to do it. Go blow, Enigma. Just go blow. Nobody cares. nt even a little bit. Those days are plain and simply over. Find a new shtick.
Suddenly you espouse and expound on the “law?”
The American Founders would have never admitted you into their country to become a citizen.
Whatever happened to the immigration law of the creators and Founders of America who designed and engineered a nation, its law, and its population.
Oh, yeah, “Crazy Abe” Lincoln took up arms and started killing everybody in sight in order to circumvent the constitutional legislative process.
_________________________________________________________________________________________________________________________________________________________
Naturalization Acts of 1790, 1795, 1798, and 1802 (four iterations for maximal clarity)
United States Congress, “An act to establish an uniform Rule of Naturalization,” March 26, 1790
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That any Alien being a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof…
So your point is that because America was built on racism it has no choice but to be so forever? I know what I could have expected then and what to expect now.
When viewed in the light of persecution and retribution, this Jurists actions mirror Alvin Braggs and Fani Willis. It is about vindictiveness not “justice”. It all makes sense after that viewfinder.
The judges daughter will be fair game for Kash Patel and Pam Bondi.
Now why would you suggest going after a judges daughter. And you think your better than a dem?
I think there are $mllions$ of reasons. Can you spell “conflict of interests”?
So state them. Can you spell, YFOS.
Nope. Time to fight like Democrats.
Collusion and conspiracy
“No one is above the Law.”
Merchan will be removed from the bench and disbarred. The monetary conflicts are too readily apparent and the parallels to the Clinton case are evidence of the selective prosecution. Biden’s own statements are proof of the political influence imposed by his administration on the case.
First, Trump has to file a complaint against Merchan.
That this continues simply defies logic. The dems have already shot themselves in both feet; are they really going to insist on a self-inflicted headshot too? The people have shown unequivocally that they do not agree and are out of patience. How can any of this be described as anything but madness at this point?
I have not been in favor of abortion since I participated in one in the early 1970’s but today I feel that this case should be expelled from the court system of the United States as soon as possible. It was dead legally from the start and should have been aborted at that time but I guess we will have to wait and see it aborted post sentencing (birth) like those god forsaken 9th month abortions.
I appreciate Professor Turley’s use of Hamlet because it supplies some great moments of English speech and Drama by Shakespeare.
However I think the Audience here should read Adrian Goldsworthy’s biography of Julius Caesar. There are always risks in seeing parallels in distant history but comparing some of the present goings on with the 1st century BC and the death of the Roman Republic is remarkable. A Constitutional Republic falling apart because of a failure to function within centuries old norms of law, increasing violence with elections and campaigning, corruption of unparalleled magnitude up to and including actual bids put out of how many Talents (money) would be given out to buy the office of Consul. And such.
The First Triumvirate consisted of Pompey Magnus, a great general and organizer, but a terrible politician and speaker. Crassus, rich beyond belief but a marginal general (wiped out by the Parthians) and adequate politician but liked by few. And Julius Caesar who was a brilliant politician (better than Pompey or Crassus) and a brilliant general (who beat Pompey head to head). He was also magnanimous and pardoned almost all that he beat in the Civil War, many of which then conspired to stab him to death in the Senate.
What most people forget is that Caesar pursued a very conventional route through his political career like most other Roman patricians but was extraordinarily better at it. His foes in the Civil War may have had the better legal argument but (according to Cicero ) were far more crass, corrupt, reprehensible, back biting and backstabbing than Caesar ever was.
The killers of Caesar, for the Republic no less, had to flee Rome and then ended up having to deal with Augustus who was an even better politician, totally unforgiving and did not pardon the killers of his adoptive father or many others.
But like I say, it is risky to look at parallels from history such as this.
I would caution the Left / Progressives in the United States. They call Trump Hitler but what they really mean is Caesar (they simply don’t know enough to read that far back in history and recognize the difference). If they do something to Trump (2 attempts on his life already) they might end up with an Augustus (and Agrippa his stellar general and admiral) and I don’t think they would like that at all.
GEB, you have it all wrong, Trump dosen’t have legions at the Potomic. And certainly no Marc Anthony to support him.
All we have to do is keep him out of the Capitol.
700 million guns in circulation according to the ATF. Is that were you want to go? Say When
Stupid response anon. Maybe you should back under your stone.
FAFO
Exactly. January 6, 2021 was intended to be a peaceable protest against certification of the apparently fraudulent results of the November 2020 Presidential election. As a result, over 1,500 citizens have been charged with crimes, most of whom were convicted, and many imprisoned. In the event that Trump is prevented from assuming office, do not expect a repetition of the primary error that those citizens made four years ago.
We fought one war to gain our freedom and I do think we are willing to obliterate all those who would despoil our freedoms again. The 2nd amendment was put in for a specific purpose and it wasn’t to insure our ability to hunt wild deer.
Smiley. “Out of the Capitol”, indeed.
14 days and Trump will be your President 🙂
Anonymous, you have it all wrong, as usual. And Trump has Legions all over the nation called voters and heavily armed. The progressive minions are already resigning and hopefully departing to places unknown. And like Caesar’s opponents they are turning on each other. And Mark Anthony came late to Caesar’s cause. But did get Cleopatra but that was a mixed blessing.
I want Trump in Washington but with better personal security.
The more the roaches in DC resign, the less you have to fire and more space for Trump’s minions.
GEB, I have read Goldworthy’s Caesar, I am currently reading Mark Antony and Cleopatra, and your analysis was spot on, and really fun to read.
Caesar pardoned many of his enemies and they came back and did what they did in the senate in 44BC. If Trump doesn’t investigate his enemies there will be a new impeachment in February 2026 if the Dems take the House back. There will be more lies from the intelligence agencies that will handcuff the president, there will be more lies “leaked” to the media that will stymie Trump at every turn and there will be further legal actions taken against him until he is in his 90s.
Merchan and Bragg must be investigated for coordinating with the DOJ. Letitia James and Fani Willis too. Biden and his family must be investigated. Schiff must be investigated. Cheney must be investigated. Anyone that acted illegally (note I said acted illegally, not fishing expeditions like what was done to Trump).
GEB, I quite often have a book about ancient Rome or Greece going and I thank you for your fun and important comment.
* Hear hear, GEB
GEB,
That was a very interesting read. Thank you.
One would suppose that every single facet of Merchan’s personal and professional life are absolutely in order, finances, taxes, ethical practices and history, perfectly flawless. Hopefully a thorough investigation will find this to be so.
Cionnath while I sympathize with your feelings, what you are proposing is EXACTLY what was improperly done to Trump.
In the US, we investigate Crimes, not people.
This is NOT Levanti Beria’s USSR where the rule is “Show me the man, and I will find the crime”.
You’re right, but what’s sauce for the goose is sauce for the gander. Everyone involved in the legal persecution of Trump should be subjected to the same treatment.
It’s tempting, but Big Media are frothing at the bit to find “retribution” (not “justice”, as it would be), no matter how justified it is. DT will be held to a soaring standard that allows anti-Trump wrongdoers to get away with their wrongdoing.
John Say, are you seriously saying that having a JUDGE who has a daughter making millions off of attacking a DEFENDANT in his courtroom, who has contributed to the man at the head of the DOJ that provided assistance to the prosecution, who ruled in a one sided fashion against said defendant at every turn and who presided over the most political and rediculous case in NY history should not be looked at?
“No one is above the Law “
What was done to Trump IS A CRIME.
“In the US, we investigate Crimes, not people.”
I agree, but after the case is closed and Trump is found innocent, the final decision can be used to evaluate whether or not Merchan was potentially corrupted. If so, a limited investigation followed by a more extensive one if warranted is appropriate.
“Trump is found innocent”
So how much you know about American Justice. Juries or judges never, never, never find someone “innocent”. They fond a defendant Not guilty, guilty, or a judge can dismiss the case for any number of reasons. Only the defendant knows if he is “innocent”, Even if found not guilty by a jury, the person may not be innocent. Think of OJ. and even if found guilty by a judge or jury they may indeed be innocent.
“never find someone “innocent”.
I am using the word poorly to be on your level and make it absolutely clear that Trump is innocent since not guilty can infer a lack of evidence to convict.
Cionnath, I would only disagree in that I hope he does have some illegalities in his background. What he did was criminal.
Professor Turley writes, “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.”
I was calm until I read this. If this is true, Biden is scum. Corrupt, incompetent, and one can add to that, shameless and vindictive. The people who elected this guy owe the Country a major apology.
No, not scum, corrupt etc… he’s a politician.
While you’re at it, think about what R-Senators and Congressmen have done to conservative voters.
Anonymous.. What is it that R-Senators and Congrssmen have done to conservative voters ?
If you going to criticize – how about some actual substance ?
Are you saying R politicians have not harmed conservative voters.
Your line of questioning is infantile.
There is nothing infintile about asking you to make a specific allegation.
Unarguably all politicians have let down some of those who elected them. No one is all things to all people.
You are making a claim of moral and possible legal failure, but you are NOT specifying what that failure is.
That is also a moral failure on your part.
If you specify what you think that failure is, then it can be discussed, and maybe many of us agree.
But your rhetoric is little more than my saying – “Your a scumbag, because I say so”
Is that reasonable ? Isn;t there some obligation to provide a testable claim ?
Or is it appropriate to lob grenades randomly because everyone must have done something worthy of being maimed or killed.
You have a real issue with comprehension, no where in the comment, not rhetoric, was there any insults?
Say, you are a low grade ninncompoop. Shut up.
Good comment John. This Anonymous is an idiot.
John Say,
An excellent take down and dismantling of the anonymoron. Well done!
The most conspicuous example of betrayal is the extremely high level of Republican complicity in creating and multiplying unsustainable Federal debt and deficit levels that my be irreparable. What more than that do you need?
Really? What have they done to them?
Done to them? If youre a true rep, you should know that.
Can’t a guy have an opinion? I got a 1st Amendment right to that hey?
Who said I was criticizing? You have a hair trigger, just calm down, and think through how to phrase a response instead shooting first ….
No, he is scum, corrupt and suffering from dementia. To have been allowed to still hold the office for this term, was the criminal offense. Nothing Trump did, came close to the corruption and incompetency of the last four years.
Apology? You jest of course.
The big man knows more world leaders tha you.
He has to be locked up in a nursing home. Clinto too.
Merchan’s KANGROO COURT? Merchan will eventually go down as this worse Judge in the entire US Legal system, as this case is over turned on Appeal, for its ridiculous science fiction law, made up by Brag and Biden’s DOJ Sense Merchan daughter DEM consultant firm, with all the payments that went to it and to her, will be looked at with a fine tooth comb.
Merchan does not care about his reputation, he’s just a puppet for the Dems, a model if you will, how to carryout lawfare.
He gets a pensaion and paridse. What more doers he need?
He is also likely to be able to dine out for the rest of his life with elite left wing nuts, as the judge that Got Trump – even if the appellate courts slam him.
By the sound of your comment Say, I would say you are a rightwing nut.
That’s true, even if he were disbarred I am certain some prog/soros think tank will insure his comfortable life in perpetuity. That is the cancer that is the prog/left; the ensconce the worst scoundrels, hiding in plain sight but still a cancer devouring our nation from within.
If soon after his sentencing Trump is pardoned by Gov. Hochul, would his option to appeal be blocked and voided, rendering Donald Trump forever a “convicted felon”? Can one legally appeal a conviction after a pardon?
In all of the talk about Hunter’s pardon it sounds like the recipient needs to accept the pardon. If such is the case I suspect Trump would tell Hochul to literaly f her own face.
I am virtually certain that is incorrect.
The power to pardon is a Government power, there is no requirement that the recipient accept, the Pardon still takes effect.
What is more unclear is what it means.
This was touched on in the Hunter Biden cases, where Hunter asked the conviction to be removed from the record.
I am not completely clear on the law – the court refused to clear the record, citing case law, however a pardon is effectively the same as “the conviction never occured”
If you are convicted of a felony and you are pardoned, you can now do anything that the feony conviction precluded.
It is way too late to be meaningful now, but as an example Trump could Pardon Martha Stewart as a Thumb in the eye to James Comey,
and that would allow her to be CEO of a publicly traded company.
It is post like this that make it clear that the goal was NEVER the rule of law, but to “Get Trump”.
That just dawn on you Say?
Yes, one can legally appeal a conviction after accepting a pardon. Accepting a pardon is NOT a confession, and one may still pursue an appeal so long as one is still suffering significant consequences of the conviction.
Trump is a fighter.
Trump is not going to accept the “sentence” and shall Appeal the Judges (or is it the Temporary Justice) Sentence which confirms the Jury Verdict and imposes the title of “Convicted Felon” to Trump. Trump is absolutely right and correct to Appeal as is his Legal Right per the Law. That process shall not “linger” as Temporary Justice Merchan might hope. It shall not lay in wait for four years….but shall go forth with dispatch. In the end…and there shall be an “end” it shall be Merchan the Magician that does the disappearing act and not Trump. Trump shall win that Appeal be it in the sordid New York State Circus or at the US Supreme Court. Who knows…if New York drags its judicial feet long enough President Trump might have nominated and seen confirmed yet another Supreme Court Justice that understands the corrupt process by which such an Appeal desires to correct.
My money says Trump shows up in Person and no matter what Merchan attempts to do to get his own personal pound of flesh from Trump all he is going to achieve is his own personal defeat as he has a Defendant on his hands with an excellent legal defense team, lots and lots of money, and now the power of the Presidency granted him by a significant majority of the People of the United States.
Just who the hell does Merchan think he is in the scheme of things?
Merchan should have dismissed the case a very long time ago and now he is like the Black Knight at the Bridge fighting King Arthur in the Monty Python skit!
He simply cannot grasp reality and is going to commit ritual suicide minus the white head band with the Red Disk on it.
well if Democrats can abuse the justice system…I suggest Trump grab Merchan in the middle of the night and sprint him to Gitmo
why bother being law abiding if Democrats are going to arrest you anyway…. give them some FEAR INSTEAD. And no I am not kidding!
Spoken like a true Democrat. You clown.
* If democrats have committed crimes it is duty under oath to prosecute with solid evidence. There is no need to abuse the law in such cases.
I’m sure Rs have lots of evidence. No doubt at all.
It’s probably in the same van as all the voter fraud evidence from 2020.
the Democrats are basically the same kind of people that ran the USSR.
They are fighting a Civil War Against America.
Democrats fight for Democrats
Republicans fight for Democrats
No one Fights for America and its people.
Actually you’re wrong, your equation does encompass all Americans.
Civil war is coming people.
700 million guns. We the People got this.
In years past this so called judge would have 2 broken legs and a black eye (for starters)
the case would have been dropped – the good ol days are needed
Calling for violence against a judge? Hope the FBI is watching this blog.
Come on people, stop stupidly commenting.
I don’t see the threat. Looks like wishful thinking, pining for the good old days. Abuse of power will always inspire those sorts of thoughts.
See, you mean comprehend a threat. Well, your response clarifies your incomprehension.
January 20, 2025 the FBI and DOJ rein of terror ends.
Remember Acting AG Sally Yates? Not everything necessarily turns on a dime. Let’s hope Trump is more efficacious on his second go.
Madonna can talk about Dreaming that the Whitehouse was blown up with Trump in it
* ” blown up” means unelected? He was shot on the otherhand. These are brutes, yes.
Calling for violence is protected speech. The FBI can’t legally do anything about it.
* In today’s world instead of brute broken bones there are laws, redresses for breaking the law in the judicial system. Physical harm has been replaced by reason.
I like Mark Levin’s suggestion that Trump’s lawyers should take this issue to the US Supreme Court based on State Courts shouldn’t prosecute Federal Laws.
As Turley notes this case is RIFE with excellent grounds for appeal.
I have a problem because Turley and many others keep talking about converting a Dead Misdemenor into a fellony.
THERE IS NO MISDEMEANOR
First the law in question is a FRAUD statute – not only is it, but it MUST be, because lies that are not frauds are not crimes.
The requirements for Fraud are
A lie
A duty to be truthful
Tangible harm as a result of the lie.
None other than RBG has written SCOTUS opinions tossing criminal convictions where there was no tangible harm.
You can find the tangible harm requirement in Blacks, Merchan and Bragg are on the wrong side of more than 200 years of fundimental law and centuries of common law,
and that is at the base claim to this case – not all the nonsense that followed.
Frankly this case is WORSE than that.
They can be no crime of “lying to yourself”
Again NYS falsifying business records law is unconstitutional IF there is no requirement for tangible HARM.
A requirement of this case that was never met was proving that there was an actual harm to calling payments to lawyers legal expenses.
The only plausible harm that NYS can prosecute would be a failure to properly pay NYS taxes.
But No such claim was made in this case.
And all this avoids the problem that calling payments to a lawyer – even reimbursement for an NDA a legal expense is NOT a lie.
There is Fraud here – the Fraud is that of the DA and the court.
This is a very interesting analysis and one that has been puzzling to me as well. “Falsifying” a business record, without the presence of some other crime, is a legal absurdity, and probably why the charge isn’t brought as a stand-alone offense without something like tax evasion, wire fraud, or embezzlement. Otherwise, its hard to see where the crime exists. Some on this site have even argued that labeling an expenditure as a “legal expense” somehow automatically makes it a crime, as if there is only one acceptable definition of that expense. What’s next, if the label that you print on a file isn’t deemed to be “accurate” by whoever’s in charge, you’ve committed a felony in NYS?
The crime was Cohen padding his hours to pay his HELOC.
John, you keep confusing federal statutes with state statutes. New York State defines fraud differently than the federal government does. Each state has its own definition of what constitutes fraud. Trump was charged under state law, not federal law. RGB referred to how fraud can be defined in the context of federal charges, not state charges.
The state court didn’t prosecute any federal laws. The alleged federal offense was merely the “other crime” required by the NEW YORK STATE law, which is the ONLY law under which Trump was convicted. Note that this “other crime” need not have actually been committed at all; it’s sufficient for it to have been contemplated. It could also be a crime in a foreign country. So the fact that there was no federal prosecution is irrelevant.
Even a presidential pardon for the federal offense would not prevent it being used as the “other crime” for the purpose of this NY state law. A pardon merely cancels any punishment for the offense; it doesn’t change the fact that the offense occurred, if it did occur.
“Merchan’s Hamlet on the Hudson”
Brooding over his indecisiveness and inaction, just like one of his predecessors (Cuomo).
Very clever, JT.
They all are sucked into the vortex of hell at the end of Hamlet.
I think Trump could use the slogan: “I am proud to be a democratic party convicted Felon” to move even more people to go to the republican party.
This puppet show really rallied people behind Trump from the start.
The people have spoken, yet the Dems continue a course of self destruction.
Reminds me of the speech the CEO (head clown) of Allstate Ins. made public recenty; American love to hate.
He ain’t wrong, is he?
Here’s part of his speech: ““We also need to be stronger together by overcoming an addiction to divisiveness and negativity.”
What was he thinking dropping this obvious nonsense on an American public that has been lied to, attacked, jailed , by its Federal government.
The USA is broken. There is no going back I’m afraid.
I disagree. The American people- those who can still view all that’s happened these past 8 years- with common sense, as evidenced by the election and the great many cross-overs who didn’t swallow the BS.
My hope is in collective wisdom of the American people.
If Trump understands that it was this which won the election, and not some sycophantic spell of his great personality, if he holds on to that humility he experienced after the first attempt on his life, and if Americans continue to hoist the BS flag when necessary and refrain from petty insults, holding our elected pols to account, America will be saved.
A lot of IFS, I realize, but I am praying that the goodness of America will prevail.
Are you 62 or were you born in ’62? Oh, wait, both might be true!
I’m not certain the label “convicted felon” will be used that much in the media. Even before the election, it was used rarely. People just don’t like it, almost all knowing the trial was based on fake charges. Such a “no jail” sentence, but “you are still sentenced” could well backfire. The regulars on MSNBC, et al, will hit on it a few times, then disappear.
And your point …
It is used daily by media and Democrats…and posters on here.
gdonaldallen,
I could see the “convicted felon” thing backfiring on them. Just like Trump was able to take the “garbage” thing and turn it around. I could see T-shirts that read, “I voted for a convicted felon!” with a smilely face under it.
“Convicted felon” seems redundant, like “global pandemic”.
Pedantic, but I can see distinguishing “felons” between “convicted” and “accused”. What is decidedly not pedantic is that virtually 100% of the leftists now proclaiming Trump to be a convicted felon will continue to do so, no matter if his conviction is overturned.