As is now widely known, Judge Juan Merchan denied Donald Trump’s motion to delay sentencing in the most corrupt and nonsensical of all the lawfare cases against him.   Trump’s appeal to New York’s appellate division, as expected, was likewise denied.  New York’s courts are apparently beyond embarrassment. They are complicit in unethical, unconstitutional lawfare and determined, as is CNN and the rest of the media, to salvage something from the wreckage of every lawfare attempt:

Judge Juan Merchan, however, upheld Trump’s conviction in the case, rejecting the president-elect’s effort to throw out the jury’s verdict because of his reelection in November. This ensures that Trump will be the first convicted felon to become president.

The Supreme Court too denied Trump’s motion, and former Federal Prosecutor Andrew McCarthy noted this locked Merchan into the unconditional discharge—no jail, no fine, no punishment--he earlier telegraphed.

Fascinating too is the reality that Trump was convicted on 34 nonsense felony counts. Surely such a wanton criminal was deserving of some punishment, lest the continuing farce be even further exposed? Trump was wisely magnanimous in responding to the Supreme Court’s 5/4 decision:

Graphic: X/Truth Social Screenshot

Merchan was not foolish enough to betray the Supreme Court, and sentenced Trump as he earlier suggested, thwarting Prosecutor Alvin Bragg, who with Merchan wanted to keep the case hanging over Trump’s head for four years, preventing appeal and allowing him to impose essentially a life sentence when Trump left office. The sentence lifted the gag order and allowed Trump to respond:

Graphic: X/Truth Social Screenshot

Law Professor Jonathan Turley, no Trump fan but an honest man, was not impressed with Merchan or the New York legal system:

Once considered the premier legal system in the country, figures like New York Attorney General Letitia James, Manhattan District Attorney Alvin Bragg, Justices Arthur F. Engoron and Juan Merchan have caused the system to be weaponized for political purposes. Trump will walk away from this trial and into the White House in less than two weeks, but the New York system will walk into infamy after this day.

Those paying attention have recognized the case, based on a “novel legal theory”—made-up nonsense--was an abomination from the beginning, compounded by serial Merchan irregularities:

The case has long been denounced by objective legal observers, including intense Trump critics, as a legal absurdity. Even CNN’s senior legal analyst Elie Honig denounced the case as legally flawed and unprecedented while Sen. John Fetterman, D-Pa., simply called it total “b—s–t.”

It is a case based on a non-crime. Bragg took a long-dead misdemeanor and zapped it back into life with a novel and unfounded theory. By using federal violations that were never charged, let alone tried, Bragg turned a misdemeanor into dozens of felonies and essentially tried Trump for federal offenses.

Merchan not only allowed those charges to be brought to trial but then added layers of reversible errors in the effort to bag Trump at any cost. 

Among those errors was Merchan’s blatant familial conflict of interest. His daughter was handsomely compensated for raising millions for Kamala Harris and other Democrats in her presidential race against Trump! The federal crime essential to propping up the entire case was obviously some sort of campaign finance crime, but past federal officials admitted none were applicable in what was a common and lawful civil settlement, and none were ever mentioned in the trial or jury instructions. Even better, Bragg had no authority to prosecute, nor did Merchan have authority to try, any federal charge. Merchan bizarrely told the jury they could choose between multiple crimes and didn’t have to render a unanimous verdict. It’s hard to imagine more obvious violations of due process and a defendant’s rights than multiple choice, non-unanimous verdicts. 

The Supreme Court, as was expected, turned down Trump’s appeal because they virtually never accept any case until it has wended its way completely through the lower courts. Arguably, because Trump’s case implicates several vital federal interests, they could have and the minority appear to have understood this. However, all that is necessary to grant cert is the concurrence of four justices, and this decision makes plain should the case make it to the Supreme Court, there will be sufficient votes to hear it.

Turley, who has been reliably forthright and honest in his denunciation of all the lawfare, and this case in particular, deserves the last word:

The verdict is in. The New York legal system has rendered it against itself.

On a different subject, if you are not already a subscriber, you may not know that we’ve implemented something new: A weekly newsletter with unique content from our editors for subscribers only. These essays alone are worth the cost of the subscription. 

Mike McDaniel is a USAF veteran, classically trained musician, Japanese and European fencer, life-long athlete, firearm instructor, retired police officer and high school and college English teacher. He is a published author and blogger. His home blog is Stately McDaniel Manor.