Prominent legal scholar and George Washington University Law School professor Jonathan Turley on Friday criticized Judge Juan Merchan’s recent decisions in the hush-money case against President-elect Donald Trump as the “final cathartic act for lawfare warriors.”
As highlighted by The Daily Wire, Judge Merchan on Friday dismissed a Trump bid to have the hush-money case dismissed due partly to a U.S. Supreme Court decision on presidential immunity. Instead, the Democrat judge assigned Trump’s sentencing for January 10, ten days before his inauguration, and signaled that he’ll impose an “unconditional discharge.”
Turley explained that the decision effectively provides a “talking point” for the anti-Trump media on Inauguration Day — that Trump’s a convicted felon — but it also allows Trump a path to an appeal.
“Judge Merchan just set Trump for a sentencing shortly before his inauguration. As some of us predicted, he is indicating that he will impose an unconditional discharge without jail or probation,” Turley explained on X. “The sentence will finalize the case and allow for an appeal.”
However, Turley noted, the decision also labels Trump “a convicted felon just before he is sworn into office,” which the law professor said was “the final cathartic act for lawfare warriors.”
…The sentence will finalize the case and allow for an appeal. However, it would also label the President-elect a convicted felon just before he is sworn into office. It is the final cathartic act for lawfare warriors…
— Jonathan Turley (@JonathanTurley) January 3, 2025
“Merchan will supply the talking point for the inauguration coverage as reporters repeat the mantra of the historic status of Trump being sworn in as a convicted felon,” Turley said.
At the same time, Trump “will also finally be able to see an appeal of his case,” he explained. “While there are low expectations for the New York court system, the sentencing will allow the full array of alleged errors by Merchan to be placed before appellate judges.”
…we will also finally be able to see an appeal of his case. While there are low expectations for the New York court system, the sentencing will allow the full array of alleged errors by Merchan to be placed before appellate judges.
— Jonathan Turley (@JonathanTurley) January 3, 2025
“While this Court as a matter of law must not make any determination on sentencing prior to giving the parties and Defendants opportunity to be heard, it seems proper at this juncture to make known the Court’s inclination to not impose any sentence of incarceration, a sentence authorized by the conviction but one the People concede they no longer view as a practicable recommendation,” Judge Merchan wrote in his ruling.
Trump spokesperson Steven Cheung reacted to the decision on Friday, calling it “a direct violation of the Supreme Court’s Immunity decision and other longstanding jurisprudence. This lawless case should have never been brought and the Constitution demands that it be immediately dismissed.”
“There should be no sentencing, and President Trump will continue fighting against these hoaxes until they are all dead,” Cheung added.
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