Finally, someone has the courage to stand up to Trump!
Over the past month, we have witnessed a pathetic parade of cowards who have bent a knee to Donald Trump from corporate media figures to CEOs of companies to even some Democratic officeholders who are now looking for “common ground” with the fascist. And the last few days have featured a pitiful level of surrendering to Trump by the CEOs’ of Meta and Amazon plus ABC News paying Trump $15 million to settle a defamation case—that as a lawyer I can assure you ABC would’ve won. These actions were motivated not just by selfish concerns about the bottom line but actual fear given Trump had in the past threatened these CEOs or companies by name—and with his return to power imminent--they appear truly fearful.
That is why the decision Monday by New York judge Juan Merchan upholding Trump’s conviction of 34 felonies for cheating in the 2016 presidential campaign deserves to be loudly celebrated as a profile in courage. Keep in mind—as I will detail more below—Trump’s allies including JD Vance had in the past literally called for Justice Merchan, as well as his daughter, to be criminally prosecuted for (fabricated) crimes they allege both committed. And with a vindictive Trump coming to office in a month, Merchan knew with this ruling, Trump would attack him publicly-as he did Tuesday--and Trump’s DOJ will very likely be coming for him. But Merchan-as opposed to Mark Zuckerberg, Joe Scarborough and the like--stood his ground and refused to grovel.
First, let’s get back to the case. Trump’s lawyers had asked Justice Merchan to vacate Trump’s 34 felony count conviction given the (corrupt) GOP U.S. Supreme Court had ruled earlier this year that Trump as President had broad immunity from prosecution--including barring evidence of his “official acts” in a criminal trial. Trump’s lawyers argued such evidence was wrongly permitted to be heard by the jury—namely Trump’s tweets as President and his conversations with witnesses after he was sworn in as President in 2017. Trump, via his lawyers, claimed this evidence being admitted violated the Supreme Court’s immunity ruling and entitled Trump to dismissal of the charges--or at least vacating the conviction and a new trial.
But Merchan in a very well-reasoned 41 page opinion did more than just reject Trump’s claims, he reminded us that the evidence against Trump was “overwhelming.” First, Merchan went through the specific evidence that Trump’s lawyers claimed was wrongly admitted given the US Supreme Court immunity ruling. But the judge—after detailing each item—concluded that all were related “entirely to unofficial conduct” and should receive no immunity protections.
Merchan did more though. He then then laid out the evidence that the jury considered to determine Trump was guilty beyond a reasonable doubt. In sum, Merchan wrote even if the “challenged evidence” was in fact admitted wrongly, it was a “harmless error…in light of the overwhelming evidence of guilt.” Boom!
The reality is that Merchan could have just as easily ruled Trump was entitled to a new trial, thus, vacating his convictions. Merchan was the first judge to consider the recent Supreme Court immunity decision and there was a good faith legal argument to be made that Trump was entitled to a new trial. But Merchan didn’t do the easy thing, he did the right thing.
This decision deeply angered Trump who has grown accustomed over the past month to people bending the knee, not standing up to him. That is why on Tuesday, Trump angrily targeted Merchan in an unhinged social media rant. Trump’s crazed attack on Merchan began with the lines, “In a completely illegal, psychotic order, the deeply conflicted, corrupt, biased, and incompetent Acting Justice Juan Merchan has completely disrespected the United States Supreme Court, and its Historic Decision on Immunity.”
After more personal attacks directed at the judge, Trump wrote that Merchan hopes to silence Trump so, “I cannot expose his and his family’s disqualifying and illegal conflicts."
Yes, Trump is threatening to criminally prosecute Merchan and his family. But this is far from the first time that this threat has been made by Trump’s allies. In July, Trump’s close ally Rep. Jim Jordan—as chair of the House Judiciary Committee-released a report accusing Merchan of violating Trump’s “legal and constitutional rights” with the way he presided over the case. The report ominously warned that Merchan had violated his “oath of office.”
J.D. Vance—while auditioning to become Trump’s running mate-went even further sending a letter in May to the Department of Justice demanding a criminal investigation be opened into Merchan and his daughter. Vance wrote to the DOJ demanding Merchan be criminally investigated for the “deprivation of [Trump’s] rights” in violation of 18 U.S.C. §§ 241–42 because “he has set up a kangaroo court for Donald Trump in Manhattan.”
Not content to just target Merchan, Vance went after his daughter Loren—who in the past worked on Democratic campaigns--by claiming she was a potential criminal co-conspirator because she “seems to be an obvious beneficiary of Merchan’s biased rulings.” Vance concluded his letter by demanding DOJ tell him “by June 28, 2024, whether you will open a criminal investigation into the conduct of Juan Merchan and his possible coconspirators.”
And just a few weeks ago after Trump won the election, two of Trump’s close House allies, Reps. Anna Paulina Luna and Cory Mills, appeared on Fox News while Trump’s motion to dismiss his case was pending before Merchan. The two used this platform to call for Merchan and his daughter to be criminally investigated.
Obviously, they were sending a message to Merchan that he either rule for Trump or Trump’s DOJ was coming after him and his daughter. But Merchan didn’t cower. He didn’t yield nor bend a knee. He stood his ground and ruled based on the law knowing that he was risking his career and even his freedom.
We don’t know what will happen to Merchan. I would predict Trump will attempt to make an example of him so others don’t dare to defy Trump as well. Merchan knows that. That is why his courageous action conjures up the final line of Timothy Snyder’s book “On Tyranny” that powerfully tell us: “If none of us is prepared to die for freedom, then all of us will die under tyranny.”
This is what we are facing. And people like Justice Merchan must be celebrated and defended because his profile in courage stands out in a sea of cowards.
