BRETT TOLMAN: New York’s legal circus against Trump is a constitutional threat that must be rejected
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The law does not begin to describe the legal circus we are witnessing this week as a state judge and prosecutor with the thumb of the nose in our US Supreme Court. Despite the judges’ easy-to-understand immunity ruling a few months ago, Judge Juan Merchan’s petulant ego threatens to undermine our entire constitution refusing to yield that People v. Trump is legally and procedurally deficient and should be dismissed.
As a nation committed to justice and the rule of law, this criminal case poses a serious threat to the impartiality of the judiciary and the public’s faith in our criminal justice system. A judiciary that disproportionately defers to prosecutorial powers undermines its constitutional role as a check on government power.
From the very beginning, this case has been marked by political overtones. The charges against Trump—34 counts of falsifying business records—may have technical validity, but there’s no hiding that the larger context serves ulterior motives. Alvin Bragg, the Manhattan district attorney, brought this case not in the “interest of justice,” as he claims US Supreme Courtbut in a politically charged atmosphere that undermines public trust.
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Even Chief Justice John Roberts, in his report at the end of the yearhe warned of the dangers of disinformation and threats to the independence of the judiciary. Although Roberts did not specifically name Trump’s case, his concerns about the politicization of the judiciary should have resonated with all of us. Bragg’s actions are clearly less about securing justice and more about scoring political points against a former president whose policies and rhetoric he opposes.
Plain and simple, this is unchecked prosecutorial overreach, and it will inevitably seep through courtrooms across our nation and erode the critical role of fairness in our legal system.
The role of the judge is to act as a neutral arbiter, ensuring that justice is done without bias or prejudice. Unfortunately, judge Juan Merchan has shown behavior that calls into question his impartiality. From delaying Trump’s ruling until after the 2024 presidential election to the ridiculous attempt to twist Chief Justice Roberts’ statement to implicitly defend his own decisions, Merchan has taken an unorthodox and troubling path.
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Furthermore, Trump highlighted the potential conflicts of interest regarding Judge Merchan’s family. These claims not only deserve close scrutiny, but also raise legitimate concerns about whether a judge can remain impartial in this high-stakes case. Judicial neutrality is the foundation of our legal system and any perception of bias, whether real or perceived, risks undermining public confidence in the judiciary.
Merchan’s decisions reinforce a broader trend of judges not holding prosecutors accountable. By allowing this case to proceed despite its obvious flaws, Merchan has abdicated that responsibility, and the whole thing adds to the imbalance in our justice system.
The broader ramifications of this case against Trump are more than any one individual: it’s a litmus test for the health of our criminal justice system. If allowed to proceed, this case sets a dangerous precedent: that prosecutors can pursue politically motivated cases with little fear of judicial scrutiny. Worse, it signals that judges may neglect their duty to objectively assess prosecutions, further politicizing the courts and undermining their credibility. This case serves no one — not the public, not the judiciary, and especially not justice.
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Dismissing this case would not only restore public confidence in our system, but also demonstrate a commitment to fairness and impartiality, values that transcend political divides. By dismissing the case, Merchan could help restore the judiciary’s neutrality and prevent further erosion of its credibility.
Our nation is at a crossroads. It is time for Americans to reaffirm our commitment to justice, free of political bias or judicial bias. Rejection allegations against Trump would be a strong step in that direction, signaling that the rule of law maintains checks and balances to preserve the freedom and constitutional rights of every citizen.
