Friday, 10 Jan 2025

BRETT TOLMAN: New York legal lawfare circus against Trump is Constitutional threat that must be dismissed

The broader consequences of the New York case against Trump are about more than any one individual: it's a litmus test for the health of our criminal justice system.


BRETT TOLMAN: New York legal lawfare circus against Trump is Constitutional threat that must be dismissed
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As a nation committed to justice and the rule of law, this criminal case poses a grave threat to judicial impartiality and the public's faith in our criminal justice system. A judiciary that disproportionately defers prosecutorial authority undermines its constitutional role as a check on government power. 

Plain and simple, this is unchecked prosecutorial overreach, and it will inevitably permeate through courtrooms across our nation and erode the critical role of fairness in our legal system.

The role of a judge is to act as a neutral arbiter, ensuring that justice is served without bias or prejudice. Unfortunately, Judge Juan Merchan has demonstrated a behavior that calls his impartiality into question. From delaying Trump's sentencing until after the 2024 presidential election to a ridiculous attempt to contort Chief Justice Roberts' statement to implicitly defend his own decisions, Merchan has taken an unorthodox and troubling path.

Merchan's decisions amplify a broader trend of judges failing to hold prosecutors accountable. By allowing this case to proceed despite its evident flaws, Merchan has abdicated that responsibility, and the whole thing magnifies an imbalance in our justice system.

The broader consequences of this case against Trump are about more than any one individual: it's a litmus test for the health of our criminal justice system. If allowed to continue, this case sets a dangerous precedent: that prosecutors can pursue politically motivated cases with little fear of judicial oversight. Worse, it signals that judges can disregard their duty to assess prosecutions objectively, further politicizing the courts and eroding their credibility. This case serves no one-- not the public, not the judiciary, and certainly not justice.

A dismissal of this case would not only restore public confidence in our system, but it would also demonstrate a commitment to fairness and impartiality, values that transcend political divides. By dismissing the case, Merchan could help reestablish the judiciary's neutrality and prevent further erosion of its credibility.

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