I do not think that last part is a valid point. Just my opinion. If a CEO has a major stockholders meeting coming up- should that be taken under consideration?
I mean, hell I’d just announce my candidacy as a write in candidate for president the moment i hear an indictment coming. “Nya nya- you can’t put me in jail”.
You’ve made quite an assumption about what I meant by “give some weight.” Some weight means he’ll consider it. Not that it will be the deciding factor, and frankly, I don’t think it will be. But Merchan is an experienced judge and he will consider all aspects of his decision. Including the things I noted.
Or do you want everyone screaming, “He pulled a Comey!” post election, after Trump has been elected by campaigning on his martyr schtick?
Quote by Gertner.
So in other words, it should be explicitly recognized that some people ARE above the law, and Trump specifically should get special treatment. Next stop: Dei Gratia, The Devine Right of Kings
That’s not how I read it. I read that it should be implicitly recognized that some people ARE above the law, and Trump specifically should get special treatment. Because otherwise the judge will be accused of bias.
Note that Gertner never opined how the judge should rule. She opined how she would rule.
If she would give a convicted felon special treatment because of their status or wealth, she has no business being a judge or having any position in the legal profession.
I have the sense that Gertner’s POV is more typical than that of Eisen, who appears to be a force of one (though still mainstream). Gertner: “My conclusions are based on the public record, my years of experience as a federal judge and a criminal defense lawyer and my decades teaching courses on sentencing at Yale and Harvard Law Schools.” Gertner is a jurist of judicial temperament not at all inferior to the majority of the highest court in the land.
I think it will be the opposite. Given Trump’s lack of remorse Merchan has to conclude he will commit election fraud again if given the chance.
My bet is that he already has committed and will continue to commit election fraud, if anyone bothers to look. He thinks rules are for suckers and that winning is the only thing that matters. I imagine his campaign finances and associated PACs are one big ball of fraud of one kind or another.
Other than collecting on propertie already owned, the Trump organization hasn’t done any business since a former judge as appointed to monitor them to see that they aren’t doing anything hinky. This is good evidence that Trump simply cannot conduct business without committing fraud of some sort. I can’t imagine he does anything without committing fraud if he thinks it’ll help him attain his goals.
Every day that Trump continues to show contempt for the justice system should be increasing the odds that he is indeed going to prison.
Judge Merchan needs to do his job. The DA did that. The jurors did that. Now it’s the judge’s turn.
Send this felon to the clink. 4 fucking years.
It’s not election interference. The republicans are still free to nominate whoever they want. And if it’s Trump, the people (well, the really stupid ones) can vote for him.
It’s been done before. For a much more righteous cause, no less.
I wonder if it would be possible for Judge Merchan to split the sentences.
What I’m thinking of would be something like a 90-day local jail sentence for all the contempt violations, but simultaneously impose the 4-year prison term for the guilty verdicts. The prison term could be stayed pending the appeal, but Trump could get a little taste of jail for his contempt violations.
I have a feeling that some actual time served, especially at Rikers, would go far to ameliorate his stochastic terrorism.
I think that’s a brilliant idea!
Especially because of the emotional roller coaster it would impose on Trump.
First, the judge sentences him to 4 years. His eyes bug out of his head. Then the judge says he’s going to suspend the sentence pending appeal. Huge sigh of relief.
Oh, but there’s this issue with contempt. 90 days county jail. Take ‘em away.
He might openly weep.
It seems like something Judge Merchan could and would do. I hope so. Because I agree, Trump cannot be allowed to continue to show contempt for the justice system without consequence.
I’ve seen judges get quite creative with imposing sentences, so this seems like a workable solution that addresses several concerns.
I could be mistaken, but since Merchan’s already imposed fines for the contempt violations, he can’t impose more for penaties for those.
If Merchan wants Trump to have a taste of prison, I think he can have the sentence begin immediately, rather then give a reporting date. I assume the reporting date is for the convenience of the Dept of Corrections, rather than to give the convict extra time to settle his affairs. So Merchan could just tell the DofC to be ready for Trump on July 11, rather than some future date. At any rate, I assume that any appellate judge will stay any prison sentence, so Trump would only be incarcerated for the few days between sentenceing and when the appeal is accepted.
As much as I really like your suggestion I honestly think 30 days in the county jail would be enough to make DJT piss himself and completely breakdown.
True enough. What about for new violations?
Sure, but that’s not really our problem, is it? 
FWIW and unsurprisingly all NY State judges take an oath to uphold the rule of law. Specifically:
“I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the State of New York, and that I will faithfully discharge the duties of the office of …, according to the best of my ability;”
This will have no direct bearing on the case, but it does clarify Judge Merchan’s job description.
I don’t recall who it was that first suggested here on the Dope, but as for sentencing I much prefer Trump get a few hundred hours of community service over incarceration. You know, him wearing an orange jumpsuit picking up dogshit or litter in the park or on the side of the road. (attempt to) Teach him the value of honest work and the importance of service to one’s community.
Still convicted. A case just played out in the courts about this very issue. One of Trump’s pardons, a biotech ex-CEO who was convicted of wire fraud, was after the pardon still on the hook for the legal costs advanced to him after insurance firms successfully dumped it on his ex-company. He tried to argue that he should be indemnified by the company despite being convicted in part because the pardon had reversed his conviction. The judge gave him a big ole’ NOPE on that. He is still considered to have been convicted of fraud, the company is thus free not to cover his legal costs and he now has to pay back that steep, steep bill.
He would turn it into a series of rallies.