By Maggie Haberman
As Donald Trump prepares for his role as President-elect, legal challenges stemming from his initial presidency are set to carry over into his second term.
Trump has indicated his intention to contest the scheduled sentencing for his criminal conviction, which was ordered by Justice Juan M. Merchan of the New York Supreme Court for this Friday. In social media updates over the weekend, Trump criticized Merchan, asserting that the judge should be disbarred.
Merchan clearly stated that even if the sentencing proceeds, he would not suggest any prison time or home detention. In his announcement of the sentencing date, the judge hinted at granting Trump an unconditional discharge in the case, which would permit him to go free while retaining a criminal record.
In May, Trump was found guilty on 34 felony charges related to falsifying business records tied to a hush-money payment made during the 2016 election to a pornographic actress who alleged a sexual encounter with him.
Yet, even without any substantial penalties, the jury’s verdict serves as a form of punishment for Trump, a symbol of accountability that he is keen to eliminate. An unconditional discharge — unless a higher court rescinds the jury’s decision — would still formally label Trump as a felon, making him the first president to assume office under such circumstances.
When questioned about the ongoing legal matters during his presidency, Trump’s communications director, Steven Cheung, remarked that the electorate had bestowed upon Trump a “mandate” which “calls for an immediate cessation of the political misuse of our judicial system and all witch hunts.”
In determining the sentencing date and rejecting Trump’s plea to dismiss the verdict, Merchan was undeterred by Trump’s defenses, including a claim of presidential immunity.
“The defendant contends that dismissing the case will ‘boost public confidence’ in the criminal justice system, as anything less than a full dismissal would obstruct the presidency,” Merchan noted. “This court’s view differs.”
The judge expressed that overturning the jury verdict “would not address the issues raised by the Supreme Court in its limited cases regarding presidential immunity, nor would it uphold the rule of law.” Instead, he stated, it would “undermine the rule of law in significant ways.”
Trump faced four indictments within a few months throughout 2023, including two federal charges, one in Fulton County, Georgia, and another in New York.
The two federal cases have been withdrawn since Trump’s electoral victory, and the Georgia case has been stalled for several months. In December, Fulton County District Attorney Fani Willis was removed from the electoral interference case against Trump and other parties due to her personal relationship with Nathan Wade, the special prosecutor she appointed for the case.
Although the Justice Department’s long-established policy against prosecuting a sitting president does not apply to state charges, most legal analysts claim it would be challenging to pursue the Georgia case against Trump while he remains in office.
However, Trump is likely to face ongoing civil proceedings. He recently failed in an attempt to secure a new federal trial in a lawsuit filed by New York writer, E. Jean Carroll. This case revolved around Carroll’s assertion that Trump had sexually assaulted her years prior in a department store dressing room.
New York Attorney General Letitia James has stated she will not pursue a dismissal of a separate $486 million civil fraud ruling against Trump, which she confirmed in a communication last month to Trump’s attorney John Sauer, who is his appointee for Justice Department solicitor general.
An appeals court is anticipated to soon decide whether to uphold the judgment, which was rendered after a trial where Trump was accused of inflating his net worth and misrepresenting the value of his properties to secure more favorable loan conditions.
Furthermore, there are eight civil lawsuits alleging Trump incited his supporters to storm the Capitol on January 6, 2021, during the certification of President Joe Biden’s Electoral College victory by a joint session of Congress.
In the New York criminal case, Trump’s legal team successfully delayed the sentencing until after Election Day. However, the team — led by Trump’s nominee for deputy attorney general, Todd Blanche, and principal deputy attorney general, Emil Bove — argues that the case should be dismissed quickly, citing the president’s election win in November and the extensive immunity recognized by the U.S. Supreme Court for presidents regarding official actions performed while in office.
The inability to overturn the felony conviction continues to be a point of frustration for Trump, according to individuals who have discussed it with him, although it does not seem set to overshadow the early moments of his second term as the Russia investigation did during his first term.
