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Despite bad facts, bad evidence and bad legislation, newly elected President Donald Trump convinced only four Judges of the United States Supreme Court on Thursday to grant his request to block what promises to be a mockery of our nation’s justice system, as Judge Juan Merchan presides over a politically orchestrated sentencing hearing in People v. Trump.
Five votes were needed. And despite their recent ruling that presidents are immune from prosecution for official presidential actions, the majority ruled that Trump’s objections can be heard on appeal. The charges against Trump– 34 counts of falsifying corporate records – would be universally dismissed by thoughtful prosecutors, regardless of their political leanings. It took a prosecutor and a judge with ulterior motives to make it work, 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 also poses a serious threat to judicial impartiality and public confidence in our criminal justice system. A judiciary that defers disproportionately to prosecutorial authority undermines its constitutional role as a check on government power.
SUPREME JUDGE DENIES TRUMP ATTEMPT TO STOP CONVICTION IN NEW YORK V. TRUMP
Despite his refusal to block Trump’s sentencing hearing, Chief Justice John Roberts warned in his final report of the dangers of disinformation and threats to judicial independence. Although Roberts did not specifically mention 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 are blatantly less about securing justice and more about scoring political points against a former president whose policies and rhetoric he opposes.
It’s plain and simple: This is unchecked prosecutorial abuse, and it will inevitably permeate courtrooms across our country and erode the critical role of fairness and consistency in our justice system.
The role of a judge is to act as a neutral referee and ensure that justice is served without bias or prejudice. In both state and federal criminal justice systems, the judge is the only real check on prosecutorial abuse. Unfortunately, Merchan will undoubtedly continue to engage in behavior that calls into question his impartiality and reveals political motivation. From delaying Trump’s sentencing until after the 2024 presidential election to a ridiculous attempt to distort Chief Justice Roberts’ statement to implicitly defend his own decisions, Merchan took an unorthodox and legally flawed path.
Further, allegations of potential conflicts of interest regarding Judge Merchan’s family not only deserve scrutiny, but also raise valid concerns about whether the judge had any intention to act impartially in this high-stakes case. Judicial neutrality is the foundation of our legal system, and any perception of bias, real or perceived, undermines public confidence in the judiciary.
Merchan’s decisions reinforce a broader trend of judges failing to hold prosecutors accountable. By allowing this case to proceed despite its obvious flaws, Merchan has abdicated that responsibility, and the entire case exacerbates the imbalance in our justice system.
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The wider implications of this case against Trump are about more than any individual: it is a litmus test for the health of our criminal justice system. If pursued, this case sets a dangerous precedent: that prosecutors can pursue politically motivated cases without any fear of judicial oversight.
Worse, it indicates that judges may ignore their duty to objectively assess prosecutions, further politicizing the courts and eroding their credibility. This case serves no one – not the public, not the judiciary and certainly not justice.
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While millions of Americans go to the sentencing hearing On Friday, where Trump will make a virtual appearance, few will fully understand the political and vindictive motivations of Merchan and all his accomplices to impose no punishment — but only to create a derogatory footnote and nickname for America’s incoming 47th President of the United States.
This landmark case will undoubtedly change the culture of our nation’s criminal justice system and potentially compromise our nation’s commitment to the rule of law, free from the taint of political motivations or judicial biases. Our government’s system of checks and balances is the foundation for preserving the freedom and constitutional rights of every American.
