The OLC opinion that protects presidential crime is deeply flawed. So is the SCOTUS immunity decision. It assumes presidents will be benevolent and ethical. trump is living proof that a criminal president should not be above the law.
I agree. But we must acknowledge the reality of the legal precedents we are now up against and seek ways to establish bulkheads irrespective of the challenges.
Good analysis, Jay! I have a couple of questions. The reporting has been that he is using campaign and PAC money to pay his huge legal fees. Is that really legal? If Judge Merchan just fined him, could he use OPM to pay his fines?
We all know that this SCOTUS would not grant immunity to Biden for anything. The final decision about whether something is an official act is up to them.
Alvin Bragg is a true American hero. And as I understand it, there’s a difference between federal cases and the state one brought by Bragg. I love that he is standing up to the bully.
It took Bragg some time to come around on this case, if you recall. I am pleased he did, and is now sticking to his principles.
I agree with Jay, though, if the sentencing is delayed until after 45 is out of office, it will give him every reason to try to remain in office. That does, of course, assume he lives to see the end of his term or is not Amendment 25thed. We all need to remember the evidence of 45's mental and physical decline. That said, Merchan should appropriately sentence now as he might with any other convicted offender without the premise of office. If 45 were to be 25thed, he'd then begin his sentence.
Thanks for replying. Let’s be sure we’ve looked at all Merchan’s options over the next few days/weeks. I’ve read more on the subject and there are traps in most ways he’ll look at it. I think he’s courageous enough to take the best way possible in his estimation — not for himself but for democracy.
“It’s hard to see how the post-verdict proceedings would impact his ability to be president in any major way.”
And if it does, he can resign. He knew this was in his future when he was running for president. He’s nearly 80; I think he’s old enough to be introduced to the concept of consequences.
We need every glimmer of hope we can get! Definitely surprising—but welcome—that one of them comes from SCOTUS. Not surprising, but again welcome, that the other comes from Bragg. I love that he is willing to keep standing up to trump. We’ll see how it all plays out, but this is some of the best news we’ve had for a while. Thanks, Jay!
I echo the hope and encouragement expressed by other commentators. The idea that American voters elevated a convicted felon to the nation's highest office, that none of the traditional guardrails have blocked his power and influence, remains absolutely repugnant to me. I vote for the Sword of Merchan to hang over 45/47 the rest of his days in office.
@jay Kuo, your admirable snatching of victory (small crumbs though they be) from the jaws of threatened defeat is much appreciated🙏👍 However, despite Trump’s man-child incompetence and incoherence, he has considerable resources and power at his petty dangerous vengeful disposal. Vigilance and informed ongoing resistance needed now —-and for the long haul!
So we have a small indication of the possibility of independence in the Supreme Court. Maybe we'll get lucky and sometime soon see a small indication of the possibility of independence in MSM. Then again, maybe not, but one can still dream.
I've been studying the paradigm shift between traditional, legacy media vs. what is happening on social media. Dissemination of news has shifted away from MSM because of the irregularities and obvious bias. Example: the fall of Syria's Assad. Reporters and observers on BlueSky were on the story with boots on the ground the night Damascus fell. MSM was busy reporting nothing.
I recently signed up for BlueSky but I was never on twitter (or as someone on BlueSky called it, 'Xcrement') so would you point me towards some of the independent reporters you follow on BlueSky? I'm still figuring things out there. Thanks!!
Speaking of MSM, I presume you've heard what the billionaire owner of the LA Times is planning to do. Come January he will be offering readers the option to click on a story and get the opposing view. This means he is centering "alternative facts." I am canceling my subscription and I hope his staff all resigns. I feel terrible for these excellent reporters but enough is enough.
Unfortunately no. Take, for example, a story about shutting down an oil field in Wilmington. One angle could be "State shuts down xyz oil field in bid to raise environmental quality for local residents." Another could be "Leftists cut into oil company profits, causing job losses for workers in bid to close Wilmington xyz oil field." Same events, different "facts." Or, the difference could be even more blatant. One version of a story could mention that Trump claims he won the 2020 election. Another could state that no evidence of fraud has ever been found related to the 2030 election. It all depends on how you frame it and what you say and don't say.
Personally, I like the idea of postponing sentencing until after Trump is out of office for just the reason you stated, Jay - it would be a sword hanging over his head, but because nothing has happened yet, there would be nothing to appeal, other than trying to have the case thrown out, which I don't think is likely. The case is over and the verdict has already been rendered.
I like it better too, and I honestly worry for the judge and his family if he hands down a prison sentence before inauguration, even if it is suspended. That’s where we are.
I'm hoping for the sword of Damocles scenario, though I'd also be surprized if Dumpy the Fat Slob lives long enough to finish out his term in office.
Another thing is that there's no reason Dumpy should be allowed to wriggle out of paying his $500 million fine to New York state for business fraud. I saw that that it might be reduced if some appeals judge decides it's excessive, but it's still going to be hundreds of millions of dollars. With some imagination, maybe AG Letitia James or the judge in the case can decide that the time Dumpy's banned from doing business in NY can be put on hold and then the clock starts ticking again once he leaves office. After all, presidents aren't supposed to conduct any business while in office, and Dumpy gave us his solemn word last time around that he'd sign the Dumpy Company over to his sons and never ever have anything to do with it while he was president. He even pinky-swore it, so we know he really truly meant it.
I know it can be frustrating, and the court of appeals make knock back the sum considerably, but he will have to pay something, just as he will have to pay E. Jean Carroll and Rudy will have to pay Ruby Freeman and Shaye Moss.
If my memory serves me, Alvin Bragg was the FIRST person to have the courage to bring criminal charges against DJT. And they stuck. So much respect for that man. Conversely Merrick Garland dragged his feet until the Jan 5 commission embarrassed him into action. He should have started investigating immediately-- how history could have changed.
I don’t agree with the narrative that the January 5 committee dragged him into action. I see activity from Garland to investigate Trump, including subpoenas, long before the Committee held hearings.
Thank you for this Jay. I have been pushing back on people who are blaming Garland for failure to prosecute immediately. Anyone who has the most basic knowledge of law understands that it takes time to gather evidence and prepare a rock solid case.
I’d hate to see a fine/probation/prison time postponed till after his 4 yrs. What if he dies before the end of his term?? I’d like to see him pay. (I know not a very holiday-like sentiment…)
Thanks Jay. Even tiny green shoots of justice are a welcome sight. As I was not sleeping one of these recent nights … I was thinking about SCOTUS’s immunity ruling. The 6 corrupt maga justices possibly thought “ItThing can’t possibly be re-elected. Let’s give him his immunity so he won’t throw our sorry asses in jail.” They know nothing about history … the rich & powerful always think they can control the monsters they create. It ain’t so. John Roberts will go down as the worst Chief Justice in our history … surpassing even Chris Justice Taney & his abominable Dredd Scott decision. Today’s shrug … nope … is a sign they’ve seen themselves in the mirror of history.
The OLC opinion that protects presidential crime is deeply flawed. So is the SCOTUS immunity decision. It assumes presidents will be benevolent and ethical. trump is living proof that a criminal president should not be above the law.
I agree. But we must acknowledge the reality of the legal precedents we are now up against and seek ways to establish bulkheads irrespective of the challenges.
Good analysis, Jay! I have a couple of questions. The reporting has been that he is using campaign and PAC money to pay his huge legal fees. Is that really legal? If Judge Merchan just fined him, could he use OPM to pay his fines?
Biden is wasting his immunity IMO.
We all know that this SCOTUS would not grant immunity to Biden for anything. The final decision about whether something is an official act is up to them.
💯
Alvin Bragg is a true American hero. And as I understand it, there’s a difference between federal cases and the state one brought by Bragg. I love that he is standing up to the bully.
It took Bragg some time to come around on this case, if you recall. I am pleased he did, and is now sticking to his principles.
I agree with Jay, though, if the sentencing is delayed until after 45 is out of office, it will give him every reason to try to remain in office. That does, of course, assume he lives to see the end of his term or is not Amendment 25thed. We all need to remember the evidence of 45's mental and physical decline. That said, Merchan should appropriately sentence now as he might with any other convicted offender without the premise of office. If 45 were to be 25thed, he'd then begin his sentence.
Right - I keep being afraid that tffg’s mental state/decline is being forgotten.
I agree. But I don't trust Merchan to come through.
Merchan has come through before, why don’t you trust him?
True, but it's just that actually sentencing Trump is stark and real, and I think Merchan will balk.
Thanks for replying. Let’s be sure we’ve looked at all Merchan’s options over the next few days/weeks. I’ve read more on the subject and there are traps in most ways he’ll look at it. I think he’s courageous enough to take the best way possible in his estimation — not for himself but for democracy.
I expect a lot of death threats to be aimed at Judge Merchan and his family in the next while.
sadly true. Perhaps some from Seal Teams
We must have their backs. Not sure it will help but it couldn't hurt.
As I was doing my dishes by hand which I enjoy as time to ponder, I had the same worry. But one step at a time, eh?
ME TOO
“It’s hard to see how the post-verdict proceedings would impact his ability to be president in any major way.”
And if it does, he can resign. He knew this was in his future when he was running for president. He’s nearly 80; I think he’s old enough to be introduced to the concept of consequences.
I don't believe he has ever faced consequences.
Exactly.
Well, he does have to occasionally face Jr and Eric.
That made me lol!!
😂😂😂😂😂
I agree with you, Star. He has never suffered consequences!!
And according to my husband, "Never will."
My husband thinks he will. I’m with your husband.
That made my husband happy and smiley this morning. Because, I am sure you two would love to be wrong but even in misery we need friends.
Lord, do we need friends right now. Would love to be wrong.
Absolutely!
We need every glimmer of hope we can get! Definitely surprising—but welcome—that one of them comes from SCOTUS. Not surprising, but again welcome, that the other comes from Bragg. I love that he is willing to keep standing up to trump. We’ll see how it all plays out, but this is some of the best news we’ve had for a while. Thanks, Jay!
I echo the hope and encouragement expressed by other commentators. The idea that American voters elevated a convicted felon to the nation's highest office, that none of the traditional guardrails have blocked his power and influence, remains absolutely repugnant to me. I vote for the Sword of Merchan to hang over 45/47 the rest of his days in office.
Outstanding! Bring the sword and the thread to the Oval Office.
yay! a tiny glimmer...
@jay Kuo, your admirable snatching of victory (small crumbs though they be) from the jaws of threatened defeat is much appreciated🙏👍 However, despite Trump’s man-child incompetence and incoherence, he has considerable resources and power at his petty dangerous vengeful disposal. Vigilance and informed ongoing resistance needed now —-and for the long haul!
YES YES YES
So we have a small indication of the possibility of independence in the Supreme Court. Maybe we'll get lucky and sometime soon see a small indication of the possibility of independence in MSM. Then again, maybe not, but one can still dream.
I’m thinking we can do more than dream. We can uplift / amplify these examples so that other judges and prosecutors take heart and find courage, too!
I've been studying the paradigm shift between traditional, legacy media vs. what is happening on social media. Dissemination of news has shifted away from MSM because of the irregularities and obvious bias. Example: the fall of Syria's Assad. Reporters and observers on BlueSky were on the story with boots on the ground the night Damascus fell. MSM was busy reporting nothing.
Ditto on the United Health killing and killer.
I recently signed up for BlueSky but I was never on twitter (or as someone on BlueSky called it, 'Xcrement') so would you point me towards some of the independent reporters you follow on BlueSky? I'm still figuring things out there. Thanks!!
Me, too! Please.
Check out her list below (didn't want you to miss it).
At least follow Marc Elias (@marcelias.bsky.social). And take a look at these starter packs: Independent News Outlets (https://bsky.app/starter-pack/newseye.bsky.social/3lcx37fpmqo2d) and Marc Elias's Starter Pack (https://bsky.app/starter-pack/marcelias.bsky.social/3lazeus5cvh27). You can either Follow All (and probably get overwhelmed) or pick through the lists for the ones that look interesting to you. Mostly, though, I've expanded the list of people I'm following by starting with a few and seeing who else looks useful from what they've reposted or responded to.
THANK YOU!!!!
Speaking of MSM, I presume you've heard what the billionaire owner of the LA Times is planning to do. Come January he will be offering readers the option to click on a story and get the opposing view. This means he is centering "alternative facts." I am canceling my subscription and I hope his staff all resigns. I feel terrible for these excellent reporters but enough is enough.
Aren't facts just, er, facts?
Unfortunately no. Take, for example, a story about shutting down an oil field in Wilmington. One angle could be "State shuts down xyz oil field in bid to raise environmental quality for local residents." Another could be "Leftists cut into oil company profits, causing job losses for workers in bid to close Wilmington xyz oil field." Same events, different "facts." Or, the difference could be even more blatant. One version of a story could mention that Trump claims he won the 2020 election. Another could state that no evidence of fraud has ever been found related to the 2030 election. It all depends on how you frame it and what you say and don't say.
2020 election. Sorry for the typo.
Not for Believers, they aren’t.
What drives me crazy is the incoherence of their judgements. I mean, I'm not a lawyer, but c'mon show some straightforwardness.
Personally, I like the idea of postponing sentencing until after Trump is out of office for just the reason you stated, Jay - it would be a sword hanging over his head, but because nothing has happened yet, there would be nothing to appeal, other than trying to have the case thrown out, which I don't think is likely. The case is over and the verdict has already been rendered.
Give me the Sword of Merchan!
I like it better too, and I honestly worry for the judge and his family if he hands down a prison sentence before inauguration, even if it is suspended. That’s where we are.
If sentencing is delayed, Bragg may not be in office by the time it occurs. What happens if his successor is a MAGAT?
Go wash out your mouth!
😘
I'm hoping for the sword of Damocles scenario, though I'd also be surprized if Dumpy the Fat Slob lives long enough to finish out his term in office.
Another thing is that there's no reason Dumpy should be allowed to wriggle out of paying his $500 million fine to New York state for business fraud. I saw that that it might be reduced if some appeals judge decides it's excessive, but it's still going to be hundreds of millions of dollars. With some imagination, maybe AG Letitia James or the judge in the case can decide that the time Dumpy's banned from doing business in NY can be put on hold and then the clock starts ticking again once he leaves office. After all, presidents aren't supposed to conduct any business while in office, and Dumpy gave us his solemn word last time around that he'd sign the Dumpy Company over to his sons and never ever have anything to do with it while he was president. He even pinky-swore it, so we know he really truly meant it.
He's still hawking his merchandise despite being president-elect, which in my book says he's engaging in non-official duties and can be sentenced now.
As is Malaria. QVC from the White House. Kill me now.
His word means nothing, it's all lies and ignorance
Just another opportunity for Musk and his other B friends to send money aka have a US President in their pocket
Good news indeed. I had given up all hope. Do we know what has become of his payment to E. Jean Carroll?
It is still alive. It was a civil case.
Letitia James is still on the case!
Doubt he’ll pay a dime
I know it can be frustrating, and the court of appeals make knock back the sum considerably, but he will have to pay something, just as he will have to pay E. Jean Carroll and Rudy will have to pay Ruby Freeman and Shaye Moss.
I would like to know what that status.
I think it's on appeal.
thanks
If my memory serves me, Alvin Bragg was the FIRST person to have the courage to bring criminal charges against DJT. And they stuck. So much respect for that man. Conversely Merrick Garland dragged his feet until the Jan 5 commission embarrassed him into action. He should have started investigating immediately-- how history could have changed.
I don’t agree with the narrative that the January 5 committee dragged him into action. I see activity from Garland to investigate Trump, including subpoenas, long before the Committee held hearings.
Thank you for this Jay. I have been pushing back on people who are blaming Garland for failure to prosecute immediately. Anyone who has the most basic knowledge of law understands that it takes time to gather evidence and prepare a rock solid case.
Good to know Jay; a glimmer of hope is always welcome.
Now we just need democratic leaders to start fighting back.
I’d hate to see a fine/probation/prison time postponed till after his 4 yrs. What if he dies before the end of his term?? I’d like to see him pay. (I know not a very holiday-like sentiment…)
Such a conundrum: we want him dead, but not so soon that Vance takes over.
If he does, he should be buried on his golf course with no headstone and the grass left to grow.
I would love to see it done posthumously ! so that it would hang over his LEGACY forever! That would fit the bill for me.
Thanks Jay. Even tiny green shoots of justice are a welcome sight. As I was not sleeping one of these recent nights … I was thinking about SCOTUS’s immunity ruling. The 6 corrupt maga justices possibly thought “ItThing can’t possibly be re-elected. Let’s give him his immunity so he won’t throw our sorry asses in jail.” They know nothing about history … the rich & powerful always think they can control the monsters they create. It ain’t so. John Roberts will go down as the worst Chief Justice in our history … surpassing even Chris Justice Taney & his abominable Dredd Scott decision. Today’s shrug … nope … is a sign they’ve seen themselves in the mirror of history.