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election 2016
Legal Expert Explains Why Trump Effort to Squash Sentencing Is BS
"Hasn't Trump delayed accountability long enough?" asked Norm Eisen of the Brookings Institution.
Jan 06, 2025
Arguments from lawyers for President-elect Donald Trump in a legal filing made public Monday amounted to "nonsense," said longtime legal analyst Norm Eisen, as the Republican leader attempts to avoid a sentencing that would cement his status later this month as the first convicted felon to serve as president of the United States.
Trump's attorneys filed a "notice of automatic stay" three days after New York Supreme Court Justice Juan Merchan upheld the president-elect's criminal conviction of 34 counts of falsifying business documents. The case—one of four pending criminal cases against Trump while he ran for president last year—pertains to a $130,000 hush-money payment made to adult film actress Stormy Daniels just before Trump's 2016 electoral victory.
In upholding the conviction, Merchan rejected Trump's motion to vacate a New York jury's guilty verdict last May and scheduled his sentencing for January 10.
On Monday, lawyers Todd Blanche and Emil Bove—who are also Trump's nominees for deputy attorney general and assistant to the deputy attorney general—claimed the case should be paused because of a U.S. Supreme Court ruling last summer which gave presidents broad immunity for "official acts" they take.
"I call BS," said Eisen, a senior fellow at the Brookings Institution, explaining on the social media platform X that presidential immunity "does not apply here" because the case pertains to events that took place before Trump was first elected president.
Trump's claim that he should enjoy "sitting-president immunity" is also "nonsense," said Eisen, as he has not been the sitting president since January 2021 and won't be again until January 20, 10 days after the scheduled sentencing.
"His claim that sitting-president immunity extends into the transitional period while he is 'president-elect' is nonsense," said Eisen. "There's no such doctrine in American law. He's making this up."
Blanche and Bove demanded that Merchan indicate by 2:00 pm on Monday whether he would block the sentencing.
"Lawyers don't impose deadlines on judges; it's the other way around," said MSNBC legal analyst Kristy Greenberg. "But that didn't stop Trump's lawyers from giving Judge Merchan a deadline of TODAY at 2:00 pm to say whether he'll proceed with 1/10 sentencing, or else they will file an emergency appeal."
A spokesperson for the district attorney's office told The Washington Post that the judge was expected to file a response Monday.
In the filing, Eisen said, "Trump argues that 'further criminal proceedings are automatically stayed by operation of federal constitutional law.'"
"Wrong again!" he wrote. "There is no automatic stay. He's making this shit up as he goes along."
"Hasn't Trump delayed accountability long enough?" said Eisen. "You know if he gets this stay, his sentencing will never occur. I strongly oppose a stay—and so does the interest of justice."
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Upholding Trump Conviction in Hush-Money Case, Judge Sets Sentencing for Next Week
The president-elect's sentencing is scheduled for January 10, though it will almost certainly be appealed.
Jan 03, 2025
President-elect Donald Trump will almost certain to be the first felon to serve as U.S. president following a ruling on Friday by New York Supreme Court Justice Juan Merchan.
Weeks before Trump is set to take office, Merchan upheld Trump's criminal conviction of 34 counts of falsifying business records in the case involving efforts to conceal a hush-money payment to adult film star Stormy Daniels during the 2016 election cycle.
The Republican president-elect had filed a motion to dismiss the indictment and vacate the guilty verdict that was reached by a jury in May.
Merchan scheduled Trump's sentencing for January 10, just 10 days before his inauguration.
Merchan signaled in his ruling that he is not inclined to sentence the Republican president-elect to prison. The conviction carries up to four years in prison.
Instead, Merchan is expected to grant Trump an "unconditional discharge" of his sentence, according to The New York Times, which cements his status as a felon but allows him to walk free.
The Manhattan district attorney had proposed the possibility of postponing Trump's sentencing until after his second presidential term ends in 2029.
His sentencing was originally set for July but was postponed after the U.S. Supreme Court ruled that presidents enjoy "absolute immunity" for "official acts" taken while in office. That ruling was related to a separate indictment of Trump regarding his attempts to overturn the 2020 election.
Trump is expected to ask an appeals court to intervene and postpone the January 10 sentencing.
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How Trump 2.0 Is Like My Recurring Prison Nightmare
Like dreaming of being back in prison, we know what we will be getting: an arrogant, narcissistic head of state who bungles incompetently through a presidency while making people comfortable with their prejudices.
Dec 09, 2024
“A country gets the leadership it deserves.”
That was my sentiment back in 2016 when Donald Trump defeated Hillary Clinton for the presidency of the United States. That rather morose and quite cynical sentiment came as I watched election results from the federal prison in Denver, where I had been since mid-2015 after being unjustly convicted of violating the Espionage Act as a CIA case officer. Prison tends to taint one’s perspective of the outside world. In 2016, I couldn’t help being cynical about an election I could not participate in. With Donald Trump again being president-elect after another contentious election season, I have that sentiment again, but in a more experienced and reasonable perspective.
Back then, I was rather dismayed by the campaigns of both Trump and Clinton. With Trump, I saw a mirror image of the prison where I was watching from, racial divisions stoked by unaccountable authority figures. With Clinton, I saw the status quo and the painful reminder that the criminal justice system that I was subjected to is not the same one for those in political power. It was disheartening to see her freely run for president without being called into account for proven actions similar to what I was falsely accused of (i.e. alleged unauthorized removal and retention of classified documents or materials, etc.). That these were the only two candidates the nation could come up with as choices for its leadership was tragically comical. I almost felt fortunate that I couldn’t vote for either one… almost. The right and duty to vote was something I never took lightly, and being prevented from doing so, particularly under the circumstances that led to it, hurt me dearly.
So, yes, when Trump won, I felt the country deserved him as its president. I wasn’t a part of the country then, so it was easy for me to be ambivalent. Nevertheless, I didn’t feel good about it. In fact, I felt downright depressed and depression in prison is a wholly different and tragic animal. But, then again, I knew it didn’t matter who the president was or would be… I was in prison! No president has done anything to improve prison conditions. I certainly wasn’t expecting Trump, an ostensible “law and order candidate,” to do anything that would be in my or my fellow inmates’ interest.
Trump’s reelection is deserving only in the sense that it wakes us up to the reality that to have the leadership we deserve, we have to continually work for it and never cease expecting accountable and responsive government.
The next day, I couldn’t help but notice that the sun came up once again and I can recall it was a beautiful day, even viewing it from behind bars. Trump was going to be president, but the world did not end. Like every new day, I went into that new one continuing to hold on to the hope that in a few short years, I would rejoin my dear wife and be free. I went to prison knowing I would have to persevere through tough times. But, I knew I would endure because, through support and determination, I could not and would not allow prison to define me. I had work to do to fight against challenging times, and I did so because I deserved better than what American criminal justice offered me.
I was eventually released from prison in 2018. I emerged to freedom amid a Trump presidency that gave me the haunting feeling I had moved from one prison to another. His presidency was marked by the same encouraged racial discord and divisiveness as well as the lack of accountability to power that I experienced for two and a half years in prison. I couldn’t help but feel I was back to the Black-white TV room separation state of affairs that was my reality for so long.
One of the more distressing realities of prison life was the tacit acceptance of a toxic environment and broken system as being “normal.” There was nothing normal about abusive and unaccountable authority, a populace encouraged to embrace and practice its biases, and an environment of hate. I realized that, after a while, a horrible experience tends to skew one’s view of what is “normal.” The prison mindset teaches that the only solution to a terrible situation is to just fall in line and do as you’re told, even if it is wrong. That was a lesson I was slow, if not outright refused, to learn as evidenced by a stint in solitary confinement for refusing to be demeaned by an unruly prison guard. I saw nothing “normal” about being treated as less than human and chose to stand up against it, a constant for me in and out of prison. The first Trump presidency was, for comparison’s sake, that same sort of prison “normal” that we were all forced to just deal with in the best ways we could.
If the first stint in prison didn’t defeat me, I felt I had a good chance against the one I emerged into. However, as much as I did fight against it, the taint of prison is in many ways eternal. One of the most profound nightmares I have suffered through since being released was finding myself back in prison. And, a return to prison was always worse the second time around. Even though in dreams, the prison walls felt closer, the chains were tighter, and the feelings of not being in control of my own life and being in a perpetual state of persecution felt accentuated and much more desperate than what I had experienced before. I always awaken from such dreams in a cold sweat and trembling. For me, much like those recurring nightmares, a second Trump presidency is the embodiment of that oneiric return to prison that still shakes me to this day.
The more things change, the more they stay the same. On the day after this current election, even though I am not surrounded by razor wire or armed guards, there was a haunting familiarity to what I awoke to back in 2016. The same disgust I felt in 2016 has come to the fore. Instead of seeing Clinton run for president and wondering why the same criminal justice system that put me in prison didn’t treat her the same way, I now see Trump as a president-elect and similarly wonder the same thing. It is painfully ironic that Trump has been accused of similar violations as Clinton, mainly the unauthorized removal and retention of classified documents or materials specifically related to Iran, a country I specialized in while at the CIA. Allegations aside, Trump clearly violated the Espionage Act and existentially violated the laws of and endangered this country, yet he won’t see a day behind bars let alone a trial. He had a judge in his pocket to ensure the indictment was dismissed; now he will have the power of the presidency to simply make the matter go away. Such is the law and order hypocrisy of Trump and his supporters.
The weeks ending this year have been a strain for me as it feels eerily similar to those last few days of freedom I had before being forced to report to prison. It will be difficult to view Inauguration Day 2025 as anything other than a return to a familiar nightmare. That I was being pathetically quixotic about prison not being that bad was borne out in hindsight—that experience was every horror I knew it was going to be. Similarly, Trump 2.0 will have no surprises other than the very real possibility of being worse than Trump 1.0. Like dreaming of being back in prison, we know what we will be getting: an arrogant, narcissistic head of state who bungles incompetently through a presidency making people comfortable with their prejudices and continuing to spew divisive, rambling rhetoric as if he’s perpetually campaigning for office. Not having to worry about reelection down the road, there will be nothing to hold Trump back from being himself to the nth degree.
But, will this be what we as a nation deserve? Unlike my mindset in 2016, my answer to myself and us is an emphatic, “No!” This country, my country, deserves better than the prisons we have created. Trump’s reelection is deserving only in the sense that it wakes us up to the reality that to have the leadership we deserve, we have to continually work for it and never cease expecting accountable and responsive government. We deserve better than the Trump “normal” that will be revisited upon us. Even the most troubling of times can present opportunities to better oneself. Without any semblance of my previous cynicism, Trump 2.0 will provide an atmosphere of opportunity to challenge unhinged authority, confront and defeat hatred, as well as find and nurture leaders who truly work in the best interests of us all.
That’s the thing about nightmares, they are over when you wake up. My prison nightmares always end the same way, I awaken to find that I am not in prison. We know what this upcoming nightmare will be like. Whether it’s worse will depend on us and what we feel we deserve.
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