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

Lawfare doesn’t begin to describe the legal circus we’re witnessing this week as a state judge and prosecutor thumb their noses at our U.S. Supreme Court. Despite the Justices’ easy-to-understand immunity ruling months ago, Judge Juan Merchan’s petulant ego threatens to undermine our entire constitution by refusing to concede that People v. Trump is legally and procedurally flawed and should be dismissed.

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. 

From its inception, this case has been marred by political overtones. The charges against Trump—34 counts of falsifying business records—may hold technical validity, but there’s no hiding that the broader context serves ulterior motives. Alvin Bragg, the Manhattan District Attorney, pursued this case not in the “interest of justice,” as required by the U.S. Supreme Court, but in a politically charged atmosphere that undermines public trust.

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Even Chief Justice John Roberts, in his year-end report, warned against the dangers of disinformation and threats to judicial independence. While Roberts did not name Trump’s case specifically, his concerns about the politicization of the judiciary should have resonated with all of us. Bragg’s actions are blatantly less about securing justice and more about scoring political points against a former president whose policies and rhetoric he opposes. 

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.

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Further, Trump has pointed out potential conflicts of interest related to Judge Merchan’s family. These claims not only merit scrutiny, but they also raise valid concerns about whether the judge can remain impartial in this high-stakes case. Judicial neutrality is the bedrock of our legal system, and any perception of bias, whether real or perceived, risks undermining the public’s confidence in the judiciary.

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.

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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.

Our nation is at a crossroads. It’s time Americans reaffirmed our commitment to justice, free from the taint of political motivations or judicial bias. Dismissing the charges against Trump would be a powerful step in that direction, signaling that the rule of law maintains a checks and balance to preserve every citizen’s liberty and constitutional rights. 

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