Judge Merchan offers ‘twist’ days before Donald Trump’s sentencing: lawyer

Judge Juan Merchan included a “twist” in a footnote accompanying his ruling on the president-elect’s sentencing date Donald Trumpaccording to legal expert Joyce Vance.

Merchan’s note is cited Supreme Court Chief judge John Roberts‘ an annual report at the end of the year in which the problems were addressed about attacks on the judicial system.

Newsweek reached out to Vance and Trump’s legal team for comment via email.

Why is this important?

The quote indicates the judge’s determination not to scare Trump or his legal team ahead of the historic sentencing hearing. Trump was due to be sentenced in July, but his hearing was postponed until after the 2024 presidential election. His victory put the matter at a standstill, p Merchan postpones the sentencing for an indefinite period.

What you need to know

On Sunday post on his Civil Discourse blog, Vance, former U.S. Attorney for the Northern District of Alabama during Barack Obama administration noted that Merchan referenced the Roberts report in a footnote when announcing Trump’s sentencing date.

In his Dec. 31 report, Roberts expressed concern that violence, intimidation, misinformation and threats to disregard court decisions could undermine the independence of the judiciary.

Merchan ruled on Friday that Trump will be sentenced on January 10 Convictions for 34 crimes for falsification of business documentation.

Trump has denied the allegations, saying the case is politically motivated. he often attacked the Merchant during and after the trial, including claiming that the judge has a conflict of interest because of his daughter’s democratic connections.

What people say

Former federal prosecutor Joyce Vance wrote on her blog Civil Discourse: “There’s a very interesting footnote that emerges in his discussion of Trump’s lawyers’ frequent accusations of misconduct, even criminality, by the prosecution team and the judge himself. In a footnote, Judge Merchan refers to Chief Justice Roberts’ recently released report on the state of the federal courts, in which the chief justice chastised people who questioned the courts. The chief justice may not have anticipated such a turn, Mercan wrote: “Dangerous rhetoric is not a welcome form of argument and will have no bearing on how the Court renders this or any other decision.”

“In other words, don’t expect a judge to bow to the incoming president. Respect the importance of the position and the needs of the American people, no doubt. Total respect, no. This is a judge who is going to speak for this defendant as he would for any other post-conviction.”

Judge Juan Merchan wrote in a note dated January 3: “There have been instances where, in written submissions, counsel have come perilously close to crossing the line of zealous representation and professional advocacy that would be expected of members of the Bar and officers of the court, and this Court has at times communicated to counsel its observations and concerns, however, the lawyer has now resorted to language, even rhetoric, that has no place in court proceedings.

“For example, countless times in his motion to dismiss, counsel accuses the prosecutor’s office and this court of ‘illegal’ and ‘unconstitutional’ conduct. These words, by definition, mean “criminally punished”. Taken in full context and with the parties to this action in mind, such arguments, in the larger picture, could potentially have a chilling effect on the third branch of government.

“Wrong—is not “unlawful” or a willful violation of a party’s constitutional rights—and our rule of law provides a system of appellate review for superior courts to consider a party’s claim of error below. This Court fully agrees with Chief Justice Roberts.” Dangerous rhetoric is not a welcome form of argument and will have no bearing on how the Court renders this or any other decision.”

Chief Justice John Roberts, in his year-end report published on December 31: “I feel compelled to address four areas of illegal activity that I believe threaten the independence of judges upon whom the rule of law depends: (1) Violence, (2) Intimidation, (3) Misinformation, and (4) Threats to disregard lawfully rendered decisions , of course, there is no room for violence in their performance of their work, there has been a significant increase in identified threats at all levels of the judicial system.”

President-elect Donald Trump in Sunday’s Truth Social post: “(…) Eventually the Biden/Harris DOJ forced Bragg to do anything to embarrass TRUMP. But it was even more, what a CORRUPT and COMPLETELY CONFLICTOUS POLITICAL HACK the judge did and is doing in this bogus trial. I even STILL have an unconstitutional restraining order barring me from speaking about the severe disqualification of the judge Conflict of interest.”

What will happen next?

Merchan noted that he will not sentence Trump to prison hearing on January 10.

Instead, the judge said an unconditional release, meaning Trump would be released immediately after sentencing, although his conviction would remain on the record, might be the best option.

Trump can attend the sentencing hearing in New York in person or virtually.