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 January 13, 2025

Alan Dershowitz Blasts Judge Juan Merchan For 'Sleazy' Sentencing Approach

The unexpected sentencing outcome in Donald Trump's legal case has sparked a debate over judicial tactics and influence.

Trump was sentenced to an unconditional discharge by Judge Juan Merchan following his conviction for falsifying business records, a decision criticized by attorney Alan Dershowitz for allegedly swaying the Supreme Court's actions.

The former president participated in the sentencing hearing virtually, steadfastly maintaining that the payments were categorized as legitimate expenses.

Independent Journal Review reported that Dershowitz, a prominent legal figure, voiced strong disapproval of how Judge Merchan handled the sentencing phase. Dershowitz, known for coining the term "lawfare," alleged this early announcement shaped the outcome at the Supreme Court level.

On Thursday, the Supreme Court dismissed Trump's attempt to halt the sentencing. This decision was made despite support from Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh. Their minority stance aligned with Trump’s request to block the sentencing immediately, based on the legal arguments presented by his defense.

Dershowitz Cites Concerns About Legal Tactics

In an interview, Dershowitz elaborated on his discomfort with Judge Merchan's tactic. He described the advance indication of no imprisonment as a "sleazy" method, suggesting it intentionally deterred the Supreme Court from granting Trump relief.

According to Dershowitz, this pre-emptive disclosure about sentencing was a rare and dubious maneuver in the judicial process, potentially influencing justices to perceive the sentencing as inconsequential.

"I devised the term lawfare," Dershowitz explained, reflecting on its negative impact on democratic practices. He questioned whether judicial conduct, as exhibited by Merchan, was harmful to the broader American populace beyond the immediate parties involved in the trial.

In response, the Supreme Court highlighted that any alleged violations during Trump's trial could be rigorously contested on appeal.

Notably, their order emphasized that the sentencing imposed only marginal obligations on Trump, given its non-custodial nature—allowing for swift participation through a brief virtual session.

Trump’s response to the legal proceedings was immediate and assertive. Via his social media platform, Truth Social, he juxtaposed his electoral victory against the judicial decision, framing his reelection as the verdict of the "real Jury, the American People." He dismissed the case against him as devoid of substantial evidence, labeling it criminal interference.

Trump's public statements reinforced his dedication to contesting the legal judgment. He branded the trial’s outcome a “charade” and vowed an appeal to restore faith in American judicial institutions, echoing sentiments aimed at mobilizing public support for his ongoing political agenda.

The legal saga continues as the former president prepares for an appeal. Trump and his supporters view this step as crucial in challenging the conviction and setting a precedent for future judicial battles.

Meanwhile, critics argue the impact of the case on Trump’s responsibilities and the presidential transition is negligible, fueling debates over the significance of judicial transparency and tactics.

Judicial Influence and Transparency in Focus

The implications of this case reach beyond Trump's pending appeal, raising urgent questions about the limits of judicial influence and transparency.

Analysts suggest this episode might prompt reforms in how judicial communications are handled prior to decisions affecting high-profile cases and political figures.

While supporters see Dershowitz’s criticism as spotlighting broader systemic issues, legal scholars argue that advanced indications of lenient sentencing might mitigate concerns over fairness and influence.

They contend that these practices ensure equitable proceedings by clearly outlining judicial intents, leading some to view Dershowitz's protests as potentially overblown.

As legal battles evolve, Trump's team remains focused on the forthcoming appeal, confident that presenting robust forensic and legal objections can overturn the Manhattan jury's decision.

Written By:
Christina Davie

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