Example Image
Civitas Outlook
Topic
Politics
Published on
Dec 8, 2023
Contributors
John Yoo
John Shu

Don't Fall For Merchan's Trap

Contributors
John Yoo
John Yoo
Senior Research Fellow
John Yoo
John Shu
John Shu
John Shu
Summary
By delaying Donald Trump's sentencing until ten days before the inauguration, Judge Juan Merchan is openly displaying the political nature of the prosecution and trial.
Summary
By delaying Donald Trump's sentencing until ten days before the inauguration, Judge Juan Merchan is openly displaying the political nature of the prosecution and trial.
Listen to this article

Judge Juan Merchan's obsession with landing his white whale, Donald Trump, revealed itself this week in all its political dis-glory. People v. Trump was the only one of the four lawfare cases brought by Democratic prosecutors to reach a conviction. While Merchan has declared that he will impose a sentence of "unconditional discharge," which means no "imprisonment, fine, or probation supervision," he remains determined to make Trump the first felon to become President.

Even if he had tried, Trump could not have scripted a more revealing political act by Merchan, and, by extension, Alvin Bragg, the elected Manhattan district attorney, and the State of New York. A truly neutral judge committed to following the law would have overturned—if not dismissed altogether—the May 2024 conviction. But just as the 2024 prosecutions backfired by creating a rally-around-the-flag effect for Trump in the Republican primaries, the future President could again pull political judo that could allow him to turn lawfare against its Democratic practitioners.

By delaying sentencing until ten days before the inauguration, Merchan is openly displaying the political nature of the prosecution and trial. The judge is effectively short-circuiting Trump's ability to appeal to higher courts to enjoin an official conviction.

Continue reading the entire articles at Newsweek

10:13
1x
10:13
More articles

Chicago’s “Disappearing Middle Class” Can Be Found in Its Proliferating Upper Middle-Class Neighborhoods

Economic Dynamism
Apr 30, 2026

Justice Harlan and President Trump Are Right About Birth Tourism

Constitutionalism
Apr 30, 2026
View all

Join the newsletter

Receive new publications, news, and updates from the Civitas Institute.

Sign up
More on

Politics

Is American Nationalism Still Creed-able?

We are not there now, but there is reason to worry that the United States is in danger, if we are not careful, of ceasing to be a nation with the principles of 1776 at its core.

Richard Samuelson
Politics
Apr 29, 2026
National Civitas Institute Poll: Americans are Anxious and Frustrated, Creating a Challenging Environment for Leaders

The poll reveals a deeply pessimistic American electorate, with a majority convinced the nation is on the wrong track.

Politics
Feb 19, 2026
Liberal Democracy Reexamined: Leo Strauss on Alexis de Tocqueville

This article explores Leo Strauss’s thoughts on Alexis de Tocqueville in his 1954 “Natural Right” course transcript.

Raúl Rodríguez
Politics
Feb 25, 2025
Long Distance Migration as a Two-Step Sorting Process: The Resettlement of Californians in Texas

Here we press the question of whether the well-documented stream of migrants relocating from California to Texas has been sufficient to alter the political complexion of the destination state.

James Gimpel, Daron Shaw
Politics
Feb 6, 2025

The Three Whiskey Happy Hour

Steven Hayward brings you the Power Line Blog's perspective on the week's big headlines.

View all
** items
California is Sacrificing its Economic Future on the Altar of Climate Change

John Yoo, Michael Toth
Politics
Apr 26, 2026
The Left’s War on the Supreme Court Just Hit a Terrifying New Low

John Yoo
Politics
Apr 25, 2026
Canadians Must Stop Romanticizing a Failing Europe

Joel Kotkin
Politics
Apr 23, 2026
Make the Gulf Irrelevant Again

Joel Kotkin
Politics
Apr 20, 2026

WHCD Shooting Suspect Allegedly Targeted Trump Administration Officials

Politics
Apr 26, 2026
1:05

All federal law enforcement agencies must answer to the president: Former deputy assistant AG

Politics
Apr 16, 2026
1:05

‘NO RIGHT to block passage’: John Yoo on Strait of Hormuz Dispute

Politics
Apr 10, 2026
1:05

John Yoo on DOJ fraud division and political weaponization

Politics
Apr 7, 2026
1:05

DHS Shutdown Enters Day 41 as TSA Agents Pushed to Financial Breaking Point

Politics
Mar 26, 2026
1:05
No items found.
No items found.
Why America, Not Iran, Has the Stronger Legal Position in the Current War

There are both long and short time scales for evaluating the current conflict over control of the Strait of Hormuz.

Richard Epstein
Politics
Apr 29, 2026
The Cuba Play

Cuba, in relation to China and Russia, poses a threat due to the risk of weapons deployment or strategic positioning in the event of an attack on the US homeland.

Oscar Sumar
Politics
Apr 27, 2026
The Iran War and the Coming Global Struggle

The United States is growing more risk-tolerant, more willing to accept regional instability as a strategic tool, and deliberately positioning itself for the far greater challenge of confronting China in the coming decades.

Jakub Grygiel
Politics
Apr 23, 2026
Postliberalism’s Hungary Gambit Failed

With Viktor Orbán’s party losing power in Hungary and postliberals at odds with the Trump administration over the Iran War, this iteration of postliberalism looks once again bound not only to fail in terms of its own principles but also to remain politically relevant.

Thomas D. Howes
Politics
Apr 22, 2026
No items found.