New York Judge Juan Merchan holds the unprecedented task of determining the fate of a president-elect's criminal conviction.
According to The Hill, Judge Merchan must decide how to proceed with Donald Trump's 34 felony convictions for falsifying business records following Trump's election victory and ahead of his January 20 inauguration.
The case stems from a payment made by Michael Cohen, Trump's former fixer, to adult film actress Stormy Daniels to suppress allegations of an affair during Trump's 2016 presidential campaign.
The seven-week trial concluded with Trump's conviction, though it did not prevent him from running for or winning the presidency.
Manhattan District Attorney Alvin Bragg's office has presented several alternatives to dismissing the case entirely.
Prosecutors argue that complete dismissal would be an "extreme remedy" given the circumstances. They acknowledge that presidential immunity requires some form of accommodation but maintain that various options exist for handling the conviction.
Trump's legal team maintains that anything short of complete dismissal would interfere with his ability to lead the nation. They argue that his status as president-elect grants him immunity that should extend to the period before his inauguration.
Trump's attorneys stated their position clearly in court documents:
The dispositive consideration requiring dismissal is that this criminal case creates unconstitutional and unacceptable diversions and distractions from President Trump's efforts to lead the Nation.
One unique proposal from prosecutors suggests treating the case as if Trump had died, which would terminate the prosecution while preserving the jury's guilty verdict. This approach would note that Trump was found guilty but never sentenced, with his conviction neither affirmed nor reversed on appeal.
Prosecutors could also pursue sentencing before Trump takes office on January 20, though his legal team has promised to challenge such attempts in federal court. The district attorney's office has suggested the possibility of an "unconditional discharge" that would not include prison time.
The judge must also consider whether the Supreme Court's July ruling on presidential immunity affects the validity of the trial evidence, particularly regarding Trump's social media posts while in office and testimony from White House aides.
The unprecedented nature of this situation places Judge Merchan at a historic crossroads in American jurisprudence. As president-elect, Trump faces potential outcomes ranging from complete dismissal to a pause in proceedings during his presidency or even sentencing before his inauguration.
The resolution of this case will determine how Trump's criminal conviction intersects with his upcoming presidency, setting precedents for future cases involving elected officials. Judge Merchan must weigh these options while considering both the jury's verdict and Trump's imminent return to the White House.
