ANDREW McCARTHY: Only one nefarious group wants Trump convicted before the inauguration
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It seems to be an attempt to ensure that President-elect Trump takes office as a formally convicted felon, Judge Juan Merchan rejected Trump’s post-trial motions and suggests he be sentenced next Friday, January 10.
The lure for Trump to agree to this is that Judge Merchan is signaling that the sentence will be a parole – meaning the president-elect would not face jail time or post-sentence supervision (such as probation). Moreover, because the sentencing and entry into force of the judgment would end the trial court proceedings, Trump would be free to pursue his appeal of the 34 felony convictions for falsifying business records.
I don’t believe Trump will agree to this; instead, I suspect they will seek an immediate appeal of the immunity claims that Merchan finally rejected in today’s 18-page announcement opinion and order. Not surprisingly, Merchan denied Trump’s claims of immunity; already ruled against Trump on this issue in an opinion published on December 16.
NEW YORK JUDGE DETERMINES TRUMP’S SENTENCE DAYS BEFORE INAUGURATION
In previous proceedings, the elected progressive Democratic Manhattan District Attorney, Alvin Bragghe appeared to acknowledge that Trump would likely have the right to appeal the immunity ruling against him before he is sentenced. That’s no doubt why Bragg’s prosecutors have proposed freezing the case — putting it on hold while Trump serves out his four-year term as president, rather than seeking a sentencing date. In that scenario, the case would theoretically continue in 2029 (when Trump would be 82) with final sentencing, sentencing and conviction, and an appeal.
In a ruling issued Friday afternoon, Merchan rejected that motion, arguing that he had a responsibility to convict Trump before the inauguration, so as not to undermine what the judge saw as an important public interest in the sentencing.
It is not clear to me that there is such a public interest at all. Instead, there appears to be interest from Merchan – a contributing democracy activist Joe Biden’s 2020 campaign against Trump in violation of state judicial ethics rules – to ensure that Trump is labeled a convicted felon while there is still a chance, before the inauguration, for that to happen.
Still, Merchan seems to acknowledge that Trump still has cards to play. In the opinion, for example, states:
“This court must sentence the defendant within a reasonable time after the verdict; and the defendant must be allowed to avail himself of any available appeal, which is the path he has made clear he intends to pursue, but which is yet to become completely available after sentencing. [Emphasis added.]”
Let’s put aside how precious it is for this demonstrably hostile judge to express his deep concern about the vindication of Trump’s appeal rights. Merchan must insert the word “in full” because, while Trump can file his full appeal based on all claims of error arising from the proceedings only after sentencing, should be able to file a partial appeal now focused solely on Merchan’s immunity ruling.
Merchan then moves on to Bragg’s proposal to put the case on hold for four years: “[I]f The court cannot impose a sentence before the defendant takes the oath [on January 20]then it might become the only viable option.”
Again, Merchan is apparently aware that Trump may be allowed to immediately appeal the immunity portion of the ruling. If that happens, then Merchan really “couldn’t pass sentence” before Inauguration Day — in which case Trump wouldn’t be a convicted felon after taking office.
What I find most significant in all of this is Merchan’s description of Trump’s transgressions:
“Here, 12 jurors unanimously found the defendant guilty on 34 counts of forgery of business documents with intent to defraud, which involved the intent to commit or conceal a conspiracy to promote the presidential election by illegal means. It was premeditated and sustained deception by the leader of the free world that underlies this offense. [Emphasis added.] Revoke this judgment on the grounds that the charges are insufficiently serious considering the position the defendant once held and will assume again [i.e., the presidency]it would represent a disproportionate result and cause immeasurable damage to citizens’ confidence in the rule of law.”
Here Merchan swallows Bragg’s account of the case whole: We’re not just talking about falsifying business records; Trump conspired to steal the 2016 election – a conspiracy that worked!
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Now, let’s leave aside that this is not what the indictment charged. Let’s leave aside that this is a ridiculous claim – ie. even if we assume for the sake of argument that, as Bragg claimed, Trump’s $130,000 NDA payment to Stormy Daniels was a reportable campaign expense Federal Election Commission (it is not), however, it would not have to be registered until after the election – which means: it is not illegally concealed from voters. And that aside, since Merchan (in violation of due process) did not require a unanimous verdict on the crime Trump allegedly concealed by falsifying his business records, it cannot rightly be said—as the judge claims—that the 12 jurors unanimously concluded that conspired to steal the election.
All that aside, if one really believes, as Merchan says he does, that Trump has been proven to have conspired to steal the presidential election — abusing his status, the judge pointedly adds, as “the leader of the free world” — then how could a responsible judge in good conscience sentence Trump to no jail time, no probation? As described by Merchan, this was a heinous crime through the ages.
Of course, Merchan doesn’t really believe that. How could he? This was, at best, a trivial, outdated record-keeping violation related to legal work (NDAs are legal and common) that Bragg—with Merchan’s tremendous help—turned into 34 felonies by allegedly enforcing federal campaign finance laws that Attorney General has no authority to enforce (and which the relevant federal authorities have concluded Trump has not violated).
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The American people just elected Donald Trump as president not only Electoral majority but by electoral advantage. The public did this knowing full well about Bragg’s absurd criminal case in Manhattan.
Clearly, there is no public clamor to censure Trump before assuming the highest office in the land. Instead, there is a nefarious New York progressive Democratic interest in branding the Republican president-elect as a convicted felon.
