BRETT TOLMAN: Supreme Court Lets New York Judge Continue Revenge Against Trump, All To Label Him With One Word
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Despite bad facts, bad evidence and bad law, President-elect Donald Trump convinced only four US Supreme Court Justices on Thursday to grant his request to block what promises to be a mockery of our nation’s judicial system as Judge Juan Merchan presides over a politically-driven sentencing hearing in People v. Trump.
Five votes were needed. And, despite their recent ruling that presidents are immune from prosecution in connection with official presidential acts, the majority ruled that Trump’s challenges can be resolved on appeal. Accusations against Trump—34 counts of falsifying business records—would be universally dismissed by smart prosecutors regardless of their political affiliations. It took a district attorney and a judge with ulterior motives to succeed, and that’s exactly what they got.
As a nation committed to justice and the rule of law, this criminal case is not only legally and procedurally flawed, but poses a serious threat to the impartiality of the judiciary and the public’s faith in our criminal justice system. A judiciary that defers disproportionately to prosecutorial powers undermines its constitutional role as a check on government power.
SUPREME COURT REJECTS TRUMP’S ATTEMPT TO STOP SENTENCE IN NEW YORK V. TRUMP
Despite his refusal to block Trump’s sentencing hearing, Chief Justice John Roberts warned in his year-end report about the dangers of misinformation and threats to judicial independence. Although Roberts did not specifically name Trump’s case, his concerns about the politicization of the judiciary should have resonated with all of us. The actions of Manhattan District Attorney Alvin Bragg they are clearly less concerned with securing justice and more concerned with scoring political points against a former president whose policies and rhetoric they oppose.
Plain and simple, this is unchecked prosecutorial abuse, and it will inevitably permeate courtrooms across our nation and erode the critical role of fairness and consistency 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. In both the state and federal criminal justice systems, the judge is the only real check against prosecutorial abuse. Unfortunately, Merchan will undoubtedly continue with behavior that calls his impartiality into question and reveals a political motivation. 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 legally unsound path.
Furthermore, allegations of potential conflicts of interest regarding Judge Merchan’s family not only deserve close scrutiny, but also raise legitimate concerns about whether the judge had any intention of acting impartially in this high-stakes case. Judicial neutrality is the foundation of our legal system, and any perception of bias, whether real or perceived, undermines 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.
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The wider ramifications of this the case against Trump it’s about 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 does not serve anyone – not the public, not the judiciary, and especially not justice.
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While millions of Americans watch sentencing hearing on Friday, where Trump will appear virtually, few will fully understand the political and vengeful motivations of Merchan and all his cronies to impose no punishment — but merely to create a derogatory footnote and nickname for the incoming 47th President of the United States.
This historic case will undoubtedly change the culture of our nation’s criminal justice system and possibly threaten our nation’s commitment to the rule of law, free from political motives or judicial bias. Our government’s system of checks and balances is the foundation of preserving the freedom and constitutional rights of every American.
