10 January 2025

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Despite the 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 country's court system as Judge Juan Merchan presides over a politically coordinated sentencing hearing in the case of The People v. Trump.

Five votes were needed. Despite their recent ruling that presidents are immune from prosecution for official presidential acts, the majority ruled that Trump's objections could be addressed on appeal. Charges against Trump– 34 counts of falsifying business records – will be universally dismissed by prosecutors regardless of their political affiliations. It took a DA and a judge with ulterior motives for it to 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, it poses a serious threat to judicial impartiality and public confidence in our criminal justice system. A judiciary that disproportionately defers to prosecutorial authority undermines its constitutional role as a check on government power.

Supreme Court denies Trump's attempt to halt rulings in New York against Trump

Despite his refusal to block Trump's sentencing hearing, Chief Justice John Roberts, in his report at the end of the year, warned of the dangers of misinformation and threats to the independence of the judiciary. Although Roberts did not specifically mention Trump's case, his concerns about the politicization of the judiciary should have resonated with all of us. Actions of Manhattan District Attorney Alvin Bragg It is less blatantly about securing justice and more about scoring political points against a former president whose policies and rhetoric he opposes.

Plain and simple, this is an unchecked prosecutorial abuse that will inevitably permeate courtrooms across our country and erode the critical role of fairness and consistency in our legal system.

The judge's role is to act as a neutral arbitrator, ensuring that justice is done without bias or bias. In both state and federal criminal justice systems, the judge is the only real check against prosecutorial abuse. It is unfortunate that Merchan will undoubtedly continue to display behavior that calls into question his impartiality and reveals political motives. From delaying Trump's sentencing until after the 2024 presidential election to a ridiculous attempt to twist Chief Justice Roberts' statement to implicitly defend his decisions, Merchan took an unorthodox and legally unsound path.

Trump says he respects the Supreme Court's decision to deny his request to stay the sentencing, and vows to appeal

Moreover, the allegations of potential conflicts of interest regarding Judge Merchan's family not only merit scrutiny, but also raise legitimate concerns about whether the judge has any intention of acting impartially in this high-stakes case. Judicial impartiality is the cornerstone of our legal system, and any perception of bias, whether real or perceived, undermines public confidence in the judiciary.

The Merchan decisions amplify the 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 whole thing magnifies the imbalance in our judicial system.

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The broader consequences of this Case against Trump It concerns more than any one individual: it is a true test of the integrity of our criminal justice system. If this case is allowed to continue, it sets a dangerous precedent: prosecutors can pursue politically motivated cases with little fear of judicial oversight.

Worse still, it suggests that judges can ignore their duty to evaluate trials objectively, 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 watch Sentencing hearing On Friday, when Trump will make a virtual appearance, few will fully understand the political and vindictive motives of Merchan and all his cronies for not imposing any punishment — but merely creating an insulting footnote and title for the next 47th American president of the United States.

This landmark case will undoubtedly change the culture of our nation's criminal justice system and may jeopardize our nation's commitment to the rule of law, untainted by political motivation or judicial bias. Our government's system of checks and balance is the cornerstone of preserving every American's freedom and constitutional rights.

Click here to read more from Brett Tolman

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