Attorney Alan Dershowitz delivers scathing criticism of judicial tactics in a high-profile sentencing case.
According to IJR, Dershowitz condemned Judge Juan Merchan for revealing his intended sentencing plans for President-elect Donald Trump before the Supreme Court could intervene, calling it a "sleazy" and manipulative tactic.
The controversy stems from Judge Merchan's unusual pre-announcement that Trump would receive an unconditional discharge, meaning no jail time, fines, or probation would be imposed.
This revelation came as Trump's legal team sought Supreme Court intervention to halt the sentencing proceedings.
Dershowitz, who claims to have coined the term "lawfare" in the 1960s, expressed strong disapproval of Judge Merchan's pre-sentencing disclosure. He emphasized that in his 62-year legal career, such advance revelations of sentencing decisions were unprecedented and potentially manipulative.
Speaking on "Kudlow," Dershowitz argued that the judge's tactical move effectively influenced the Supreme Court's decision-making process. His criticism centered on how this pre-announcement may have swayed justices to decline intervention in the case.
The Supreme Court's response reflected the impact of Merchan's strategy, with their order specifically citing the "relatively insubstantial" burden of sentencing given the planned unconditional discharge. Four justices - Thomas, Alito, Gorsuch, and Kavanaugh - dissented from this decision.
The case originated from a Manhattan jury's May 30 verdict finding Trump guilty of 34 felony counts related to falsifying business records. These charges stemmed from a $130,000 non-disclosure payment to former adult film star Stormy Daniels.
Trump participated in the sentencing hearing virtually, maintaining his position that the payment was a legitimate legal expense. He consistently denied any wrongdoing regarding the business records in question.
Following the sentencing, Trump took to Truth Social to announce his intention to appeal, characterizing the case as politically motivated election interference. He emphasized the support of the American people, referencing his recent electoral victory.
The sentencing development marks a significant moment in Trump's ongoing legal challenges. Judge Merchan's pre-announcement strategy, while criticized by legal experts like Dershowitz, effectively shaped the Supreme Court's response to Trump's attempt to block the sentencing.
The case highlights the intricate relationship between judicial procedure and constitutional rights, particularly in high-profile political cases. Trump's legal team continues to challenge the legitimacy of the proceedings while maintaining their commitment to appealing the verdict.
The controversy surrounding Judge Merchan's tactics adds another layer to an already complex legal battle, with implications for future high-profile cases and judicial conduct standards.
