Example Image
Civitas Outlook
Topic
Politics
Published on
Jan 8, 2024
Contributors
John Yoo
John Shu

Don't Fall For Merchan's Trap

Contributors
John Yoo
John Yoo
Senior Research Fellow
John Yoo
John Shu
John Shu
John Shu
Summary
By delaying Donald Trump's sentencing until ten days before the inauguration, Judge Juan Merchan is openly displaying the political nature of the prosecution and trial.
Summary
By delaying Donald Trump's sentencing until ten days before the inauguration, Judge Juan Merchan is openly displaying the political nature of the prosecution and trial.

Judge Juan Merchan's obsession with landing his white whale, Donald Trump, revealed itself this week in all its political dis-glory. People v. Trump was the only one of the four lawfare cases brought by Democratic prosecutors to reach a conviction. While Merchan has declared that he will impose a sentence of "unconditional discharge," which means no "imprisonment, fine, or probation supervision," he remains determined to make Trump the first felon to become President.

Even if he had tried, Trump could not have scripted a more revealing political act by Merchan, and, by extension, Alvin Bragg, the elected Manhattan district attorney, and the State of New York. A truly neutral judge committed to following the law would have overturned—if not dismissed altogether—the May 2024 conviction. But just as the 2024 prosecutions backfired by creating a rally-around-the-flag effect for Trump in the Republican primaries, the future President could again pull political judo that could allow him to turn lawfare against its Democratic practitioners.

By delaying sentencing until ten days before the inauguration, Merchan is openly displaying the political nature of the prosecution and trial. The judge is effectively short-circuiting Trump's ability to appeal to higher courts to enjoin an official conviction.

Continue reading the entire articles at Newsweek

00
1x
10:13
More articles

Trump's Immigration Agenda and the Constitution

Constitutionalism
Jan 31, 2025

Trudeau's Failure and Canada's Renewal

Politics
Jan 30, 2025
View all

Join the newsletter

Receive new publications, news, and updates from the Civitas Institute.

Sign up
More on

Politics

National Poll from Civitas Institute: Trump Victory Driven by Voters Who Reject Status Quo

The poll asked 1,200 Americans an array of questions about how things are going in America.

Daron Shaw
Politics
Dec 11, 2024
Tocqueville’s Defense of Aristocratic Literature

Despite making clear in Democracy in America that the instruction of democracy is “the first duty imposed on those who direct society in our day,” Tocqueville says very little in his work about education in the ordinary sense of the word.

Antonio Sosa
Politics
Oct 3, 2024

The Three Whiskey Happy Hour

Steven Hayward brings you the Power Line Blog's perspective on the week's big headlines.

View all
** items
Why Europe and America Need Each Other

European elites have let their snobbery towards Trump blind them to their own interests.

Joel Kotkin
Politics
Jan 3, 2025
The American University Is Rotting from Within

The modern academy is a threat to reason, liberty and Western civilization.

Joel Kotkin
Politics
Dec 12, 2024
Congressional Testimony: Rowena He on the Chinese Communist Party’s Historical Revisionism

Rowena He testifies before the Congressional-Executive Commission on China.

Rowena He
Politics
Dec 5, 2024
The Apprentice Is Back, and This Time He Means Business

Donald Trump has an opportunity to rewrite the story of his first term.

Dirk Mateer
Politics
Dec 3, 2024

Lord Andrew Roberts on Winston Churchill and the US-UK Special Relationship, Then and Now

Politics
Jan 26, 2025
1:05

Justin Dyer on Civic Education: Live at AEI's Future of the American University Conference

Politics
1:05

Jonathan Haidt and Jonathan Rauch on Creating Knowledge in a Fragmented Age

Politics
1:05
No items found.
No items found.
Trudeau's Failure and Canada's Renewal

The idea of Canada will be refashioned on Tory terms.

Geoffrey Sigalet
Politics
Jan 30, 2025
How One Simple Reform Can Improve Voting and Reduce Political Extremism

We should consider an alternative voting method that would constitute a much better reform, one that would allow voters to express their preferences more accurately.

David C. Rose
Politics
Jan 27, 2025
What Kind of Democracy in America?

If elections are mandates for democratic change, then what role should the Constitution play?

John Grove
Politics
Jan 22, 2025
Fire, Wind, and California

More than one set of winds is blowing in California.

Richard Epstein
Politics
Jan 21, 2025
No items found.