The latest twist in the legal saga surrounding Donald Trump suggests that the impending criminal case in Manhattan may be less of a foregone conclusion and more of a political theater, where judges and lawyers strut across the stage like actors in a poorly written drama. Following Trump’s decisive electoral win, the future of this case looks increasingly shaky, particularly as potential constitutional issues loom large. It might not vanish entirely, but the odds are it will be more difficult to prosecute than it is to get a cat into a bathtub.
Judge Juan Merchan, who has been designated as the maestro of this legal symphony, is set to make critical decisions about the case in the coming weeks. Following a jury’s decision earlier this year that Trump committed low-level felonies by allegedly falsifying business records in the wake of his 2016 victory, the question is whether Merchan will allow Trump’s defense team to exploit the Supreme Court’s recent ruling on presidential immunity. This ruling has the potential to render Trump’s guilty verdict practically unconstitutional, throwing cold water on Manhattan District Attorney Alvin Bragg’s aspirations for a prosecution that looks more like a vendetta than genuine justice.
It should have never happened in the first place ~ ~ Judge in Trump’s hush money trial considers tossing felony conviction after election win https://t.co/5RmBUgk5cx pic.twitter.com/vKtqzrAF3g
— Mary (@matjendav4) November 7, 2024
Speculation is rampant that if the ruling does not fall in Trump’s favor, a sentencing hearing scheduled for November 26 might be much ado about nothing. Sources suggest that Trump’s legal team is already preparing to rush to Merchan with a motion to pause proceedings, citing constitutional grounds that would make prosecuting a sitting president as effective as trying to nail jelly to a wall. After all, it seems the only pursuit less fruitful than prosecuting Trump while he’s in office would be trying to catch a greased pig in a cornfield.
Should this case be temporarily shelved, it raises an interesting question: just how long will Bragg be willing to hold his breath waiting for Trump to exit the Oval Office? Legal experts posit that if the case is paused, Bragg might not even have the appetite to continue the fight, given that the initial intent behind these cases appears to be a misguided attempt at lawfare—a strategy designed not for justice, but to keep Trump from reclaiming his spot in the White House. In light of Bragg’s failure to remove Trump from the candidacy, this trial might just be destined for the legal dustbin.
Even if the judge does move forward with sentencing Trump, it remains likely that the penalties imposed would be as effective as trying to hit a moving target with a rubber band. Legal experts note that anything that jeopardizes his ability to govern would cross into unconstitutional territory. Thus, if Trump does receive a slap on the wrist—possibly a fine or community service—any serious jail time is almost off the table. His legal team would also be able to appeal, further delaying the case indefinitely while higher courts mull over whether a former president can be treated like just another citizen in a crowded court docket.
In an additional twist, Trump’s attorneys continue to pursue removing the case from Bragg’s realm, aiming to transfer it to federal court—where they believe they would have a more hospitable audience. While Trump may not be able to pardon himself from state charges, moving this to federal jurisdiction could provide a better footing for his defense. Of course, this strategic maneuvering is just one part of a larger game of legal chess, where the endgame remains as unpredictable as ever. The clock ticks, while the New York appellate court awaits Bragg’s arguments, as the legal machinery grinds on in this absurd saga of politics intermingled with the justice system.