January 05, 2025

Dersh on the Trump Sentencing

Timothy Birdnow

Alan Dershowitz, speaking on Fox News, argues that Judge Juan Merchan is now sentencing Trump with the possibility of New York governor Hochum, er, Hochul issuing a pardon for the former and future President to stop Trump from appealing the decision and thus leaving his legacy tarnishes by saying he's a convicted felon (and hurting his business prospects too.)

Dershowitz, after calling it the worst sort of thing since Joe Stalin, explains:

"This is the worst instance of Stalinism in my 60-year career. Stalin was told, ‘Show me the man and I’ll find you the crime.’ So Letitia James, the Democratic attorney general, and Alvin Bragg, the Democratic DA, tried to find a crime to convict Trump of, but they couldn’t,” Dershowitz said. "They couldn’t find the crime. They searched the books. They couldn’t find the crime, so they made one up out of whole cloth. A totally made-up case. If they can make up a case against Donald Trump, they can make it up against you too.”

"Now they’re trying to avoid him getting an appeal. One way of avoiding him getting an appeal was not sentencing him. Now they’re going to sentence him,” Dershowitz added. "There’s another possibility. The governor may pardon him. If the governor pardons him, then he still has the stigma of a conviction, and there’s a question about whether he can appeal if he’s been pardoned.”

I assume Trump is free to reject the pardon, but then the media will spin this to say "see, even Trump admits he's guilty".

Then there's more:

"They’re looking at every possible way of avoiding an appellate reversal because any decent appellate court, any decent appellate court, will reverse this conviction for a dozen different reasons. One, there was no crime. Two, there was immunity. Three, error after error after error. Four, recusal and disqualification. The worst criminal case in my memory. The worst,” Dershowitz said.

Which brings up another interesting point; if this ruling is allowed to stand then Alvin Bragg's extremely unuusual legal theory becomes a precedent, and can be applied again in other cases. Basic legal protections are now removed as any state or local prosecutor can twist federal misdemeanors into state felonies at their pleasure. This is a very important legal matter, going well beyond the Trump case.

In fact this needs to be shut down permanently.

The article continues:

"Well, Judge Merchan is determined to stain Donald Trump with a label [as a] convicted felon. To do that, though, he has to sentence him before inauguration. Otherwise, he can’t really technically call him a convicted felon,” Jarrett said. "So, Merchan is dangling what he thinks is a tantalizing offer. Agree to be sentenced next Friday, Mr. Trump, and there will be no incarceration or probation or anything. Complete discharge. Well, I doubt that Donald Trump will bite, and he shouldn’t bite.”

And if Trump takes this deal it will probably be conditioned on the Trump DOJ leaving Merchan and Bragg alone. Merchan is trying as much to get his own neck out of the noose as he is to damage Trump. Jarrett is right; Trump shouldn't bite - except like a rabid dog and on old Merch's throat.

I want to know who Merchan has been discussing this with and when. Has he spoken with the Biden DOJ? This corrupt judge needs to be the one facing incarceration.

Posted by: Timothy Birdnow at 10:26 AM | Comments (1) | Add Comment
Post contains 570 words, total size 4 kb.

1 It's cases like this that make me wish I were a lawyer. Failing that, I can always read what Dersh has to say, and he's a better hawyer than I'd have been anyhow. I'm sure he's advising Trump in this case, and Trump will "do the right thing."

I would like to see Merchan defrocked, or debarred, or whatever they do to judges who are removed from the bench. Debenched?

Posted by: Dana Mathewson at January 07, 2025 01:43 AM (Idemf)

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