Top Democratic elections lawyer Marc Elias made a critical distinction as he discussed former President Donald Trump‘s post-conviction rants against Judge Juan Merchan. In the case of almost any other defendant, Elias contends, Trump-style vitriol would be utterly ill-advised — as sentencing for the crime is not scheduled until July and remains to be determined by the very judge Trump continues to insult and denigrate as a “hack” and “corrupt.”
Elias acknowledges that Trump is, to say the least, not a run-of-the-mill felon — but instead the presumptive GOP presidential nominee — and so he presumably has leeway a more normal defendant would not be granted.
Yet there is still a downside to Trump’s excoriating post-conviction screeds against Merchan, in which Trump casts himself as a victim of political persecution orchestrated by Merchan and Trump’s Democratic political opponents — and not as a criminal, which is not what the jury, which unanimously found him guilty on 34 felony counts, determined.
Merchan, solely responsible for determining Trump’s sentencing, will not take Trump’s criticism of him personally, Elias says. Personal attacks on the judge won’t exacerbate, Elias contends, Trump’s sentence. But attacks on the “judicial system” do matter in sentencing considerations, especially attacks on the jury.
Asked by Brian Tyler Cohen (above) if Trump’s rants are the “kind of thing that would impact at judge’s decision in terms of sentencing,” Elias makes the critical distinction that would allow Trump’s rants to be used against him, even when it’s not personal.
“Look,” Elias says, “the judge is going to say that attacks on him are fair game and he’s going to say it’s not going to affect his sentencing, that he doesn’t care what [Trump] says about him. But the judge will also probably say — may very well say — that attacks on the judicial system do go into sentencing. That showing contemptuous behavior toward the court does go into sentencing…And that saying that the jury verdict, which is viewed as sort of above reproach — everyone is to respect the jury and the sanctity of that process — that that does go into sentencing. So I do think [Trump]’s shooting himself in the foot here.”
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