The Trump Effect is crashing into the Trump Lawfare. Yesterday, the Atlanta Journal-Constitution somberly ran a sorrowful story headlined, “
Appeals court cancels hearing in Georgia election interference case against Donald Trump.” Since the election, it seems to Democrats they keep plunging through layers of Dante’s Inferno, and just when they think they’ve hit the hellish bottom, the rocky floor gives way, and they collapse into the next, hotter, even more infernal plane. Anyway, it’s more good news for President Trump.
As though we were spiritual pilgrims, let’s review the nine levels of Trump-prosecution hell. The top two layers are the two federal cases, which are being specially prosecuted by Jack Smith, an odious little demon who Supreme Court Justice Thomas opined was illegally appointed. The captive media has reported
both of Smith’s cases must be closed or dismissed before Trump takes office, pursuant to a DOJ policy precluding prosecution of the department’s own boss (the President).
Passing deeper, into the third circle, where greedy, conflicted judges are tormented for eternity, we discover wispy-haired, antique Judge Engoran, who soaked Trump for a then-unpayable, historic $500 million fine — for writing the wrong value on his loan application, even though the bank testified it didn’t care. After Judge Engoran scheduled a hearing to liquidate Trump’s New York properties, Trump took his social media company public, to raise the cash to pay the massive bond. (No billionaires bailed Trump out; it happened during the long, dark night of the grim Second Act.)
Anyway, just over a month ago, the New York Court of Appeals held oral arguments on Trump’s appeal of the massive verdict, and
most of the appellate judges seemed stiffly skeptical of the record-setting fine, and of the state’s creative interpretation of the law. Most observers, regardless of politics, expect Trump’s fine to be miniaturized if not completely overturned.
Moving deeper still, we discover Judge Juan Merchan, whose New York jury convicted President Trump of hiring an accountant who wrote “legal fees” on checks paid
to Trump’s lawyer. Judge Merchan has twice rescheduled Trump’s sentencing hearing, now facing the hideous prospect of sentencing a sitting President to jail — which simply won’t work — or even worse,
not sentencing him to jail.
The law NY used has never before resulted in a jail sentence. Trump has never been convicted of any crime, so he’s a first offender. Any jail sentence would be unwarranted. It seems doubtful to me that even a sentence of community service could stick, given the federalism issues.
Today, Judge Merchan is
expected to rule on Trump’s lawyers’ motion to dismiss to case under the Supreme Court’s new presidential immunity test. My guess is that immunity does not apply since the alleged facts involving adult actresses and private lawyers don’t lend themselves to characterization as “official acts.” But I have not read the briefs.
Anyway, the Democrats are clinging to hope that Judge Merchan may come up with some creative way to corner Trump and maybe even derail his presidency.
Newsweek, two days ago:
At last, we reach Democrat Hades’ lowest and most terrifying level, where the most vile and uncouth prosecutors burn eternally, consumed by scandalous flames of shame and disgrace. Although the Fulton County, Georgia RICO case carries the most serious charges, and therefore the most realistic prospect for prison, Democrats do
not want to talk about it. It’s just too awful. They can’t even.
Although every Trump prosecution features shocking and bizarre legal characters obviously unsuitable to prosecute a case of undersized fish retention, must less manage the first presidential prosecution in history, no character is more shocking or bizarre to prosecute a President than Fulton County’s hapless district attorney, Fani Willis. Fani Willis, the plump county prosecutor who took orders from Biden’s White House and used the case as her personal bank account, generously spread Fulton County money around to her pals, and hired unqualified married men to work
under her at the DA’s office, if you know what I mean.
Trump’s appeal sprang from the trial judge’s denial of his motion to
remove Fani Willis and her office as the case’s prosecutors, basically since she’s a hopeless train wreck. If removed, the case would be reassigned to a different Georgia county, and would almost certainly be immediately dismissed. So, returning at last to the Journal-Constitution’s sad story, yesterday, the appeals court, without any prompting issued a one-sentence order canceling the already-scheduled oral arguments without explanation.
If this were one of my cases, I would interpret the highly unusual cancelation of oral arguments as a very encouraging sign. Appeals courts routinely allow oral argument even in clear-cut cases, out of respect to the parties and their lawyers, even if they have no need to ask the lawyers any questions. Appeals courts only
deny oral argument when the outcome is
so obvious that oral arguments would certainly be useless, so obvious it would just embarass one side or the other.
To set oral arguments and then cancel is
extremely rare. So the clear message here is:
we have already decided and we don’t need to ask the lawyers anything.
Obviously, we cannot know for sure. But since criminal defendants are usually given priority in appeals, and since
this criminal defendant is an elected President, he would normally (even if unfairly) receive heightened priority. The appellate judges would almost certainly go through the motions of oral argument if only to demonstrate their lack of bias.
So here’s my guess: the appellate court could be preparing to throw out the entire case, perhaps on a theory of federal pre-emption, because states are not allowed to prosecute sitting federal officials. Or something like that.
One of my mentors always used to say that appellate judges have a dusty old toolbag filled with ancient “doctrines” and “principles” — tools — going back thousands of years of common law. Whenever an appeals court needs to do something extreme, or unexpected, they just magically whip out and dust off whatever archaic tool or doctrine they need to achieve the necessary, and voilá!
All the Trump cases are rapidly unraveling. But we will never forget them.
Two meaty issues dominate the essential news: the rapidly disappearing threat of Democrat lawfare and the astonishing rope-a-dope with which Trump is corralling the Senate.
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