New York judge must do the unthinkable - and correct - thing to Donald Trump | Opinion
On Nov. 5, the American people did the unthinkable — they elected a convicted felon president.
Judge Juan Merchan should now do what was once unthinkable — force a president-elect to take the oath of office in a jail cell.
After taking the oath on Jan. 20, Donald J. Trump’s first act of his second term undoubtedly would be to try to pardon himself and walk out a free man.
But the surreal scene, while certainly shocking for the rest of the free world to witness, would send an unmistakable message — the rule of law still rules in America.
That message needs to be sent because, after Inauguration Day, the rule of law will cease to exist for sitting presidents thanks to the U.S. Supreme Court’s immunity ruling.
Trump proved Tuesday, aided and abetted by 72 million voters, that crime does indeed pay.
He thumbed his nose at America’s once respected system of justice. He made a laughingstock of prosecutors and the judicial process. He turned what used to be a political liability for candidates into a political asset for fundraising.
The Justice Department’s long-standing policy of not pursuing criminal charges against a sitting president now works in Trump’s interests, but against the interests of justice.
All the federal charges against him will likely be shelved, which means the only hope for any accountability is sentencing in the New York hush money case on Nov. 26.
Trump’s lawyers reportedly are already moving to delay or derail the sentencing.
But Merchan should sentence and jail Trump while he is still a private citizen, no better nor more privileged than any of the millions of people who voted for or against him.
Merchan should show the same courage that Vice President Mike Pence showed on Jan. 6 when he stood for the rule of law, risking his life and destroying his political career in the process.
Trump’s election should not alter Merchan’s judgment on whether jail time is justified or not.
Even if it’s sentencing Trump to serve only the day of Jan. 20 — an extremely light sentence for 34 felony convictions — it would reinforce what used to be a judicial cornerstone: No one is above the law.
If that principle no longer means anything in America, then more was lost on Election Day than just Kamala Harris’ race for president.
Bill Dalton is a former reporter and editor for The Kansas City Star and worked at several Michigan newspapers. This commentary originally appeared on his Substack at judydalton.substack.com
