DON'T WAIT.

We publish the objective news, period. If you want the facts, then sign up below and join our movement for objective news:

TOP STORIES

Latest News

Dershowitz Criticizes Judge's Preemptive Sentence Approach

 January 13, 2025

The U.S. Supreme Court's decision to refuse to halt the sentencing of President-elect Donald Trump has sparked criticism from legal scholar Alan Dershowitz, due to Judge Juan Merchan's pre-announcement of an unconditional discharge.

Alan Dershowitz, a prominent lawyer, expressed his disapproval of Judge Juan Merchan’s decision to announce in advance that Trump would receive an unconditional discharge, which included no imprisonment, fines, or probation, The Daily Caller reported.

This unusual move, according to Dershowitz, played a role in the Supreme Court's refusal to intervene. In his long-spanning legal career, Dershowitz stated he had never witnessed a judge declare the sentence before the official proceeding.

He remarked on how unexpected this strategy was, implying that it influenced the country's highest court's choice not to block the sentencing.

Trump Sentencing Decision Criticized

On Thursday, the U.S. Supreme Court rejected Donald Trump’s last-ditch effort to halt his sentencing. The Supreme Court indicated in its order that any concerns regarding evidence might be examined during an appeal.

The order also highlighted that the implications of the sentencing on Trump's duties as President-elect seemed minimal since the trial court had articulated its intention to impose a simple discharge after a brief virtual hearing.

However, Dershowitz argued that the approach employed by Judge Merchan was "sneaky" as it deterred the justices from pausing the case due to no immediate incarceration threat.

Four Justices—Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh—showed a willingness to put the sentencing on hold. But eventually, the sentencing proceeded as initially outlined by Merchan due to the Supreme Court's dismissal of Trump's appeal.

Trump Found Guilty by Jury

Back on May 30, a jury based in Manhattan delivered a guilty verdict against Trump, convicting him of 34 felonies for falsifying business documents linked to a $130,000 payment to adult film actress Stormy Daniels. Trump joined the sentencing hearing via a virtual connection, maintaining that the payment constituted a standard legal fee.

Following the sentence's issuing, Trump promptly communicated plans to contest the outcome. His platform of choice was Truth Social, where he assured supporters of his intent to challenge what he described as an unfounded and meritless case.

Dershowitz Comments on Legal System

Dershowitz has long been recognized for coining and criticizing "lawfare," a term denoting the use of legal systems to achieve political ends. He expressed concerns over tactics that undermine democratic principles, suggesting this case was indicative of such strategies being utilized.

Dershowitz lamented the manipulative nature of Judge Merchan's anticipatory sentence announcement, claiming it adversely affected Supreme Court proceedings.

Addressing the broader implications, he underscored the potential harm such actions could inflict on the public trust in the legal system.

Trump, in his post-sentencing commentary, expressed the belief that the election outcome represented a clear declaration from American voters. According to him, the legal action against him lacked substantiality in terms of evidence, damage claims, or legal grounds.

Legal Proceedings and Public Reaction

The Supreme Court identified the conditional burden of Trump's impending discharge as moderate, influenced significantly by the sentencing format outlined by Judge Merchan.

Despite this, the decision not to halt the sentencing garnered mixed reactions among those observing the legal proceedings.

Taking to Truth Social, Trump reiterated his arguments concerning the trial's flawed basis, labeling the judge as conflicted and the case as an act of election interference. His commitment to appealing represented a firm stance in defending his perception of justice, vowing to restore faith in the system.

As legal processes continue, this case adds to the broader discourse on the intersection of politics, law, and public opinion. With Trump set to challenge the decision via appeal, the legal journey is far from concluding. Trump's supporters and critics alike await the forthcoming chapters in this evolving legal saga.