Judge Merchan Just Put 'Leash' on Trump During Presidency—Legal Analyst

Judge Juan Merchan's ruling on Donald Trump's hush money case will put a "leash" on the president-elect during his second term in office, according to a legal analyst.

What's New

In a post on X, formerly Twitter, on Tuesday, legal analyst Jonathan Turley wrote that Merchan's refusal to toss out Trump's conviction on 34 felony counts of falsifying business records based on arguments of presidential immunity leaves Trump in "suspended legal animation" and on a "leash" as he faces potential sentencing upon leaving office.

"Bragg is still suggesting that the court could leave Trump in suspended legal animation - serving as president awaiting a sentence," Turley wrote, referencing court papers made public on Tuesday in which the Manhattan District Attorney Alvin Bragg proposed an array of options for keeping Trump's conviction on the books.

These included asking Merchan to put the case into a permanent state of suspended animation, meaning Trump's conviction would stand while he is in office; however, everything would freeze, including any appeal action. It is unclear if that option is viable under New York law.

This would "allow Merchan to hold the leash on a president for four years," Turley said. "Given the unlikelihood of a jail sentence, it is the preferred option for many Democrats who want to have Trump govern with an asterisk of a 'President pending sentencing.'"

He added that Merchan's decision "shatters the widespread claim of many on the left that the Supreme Court created absolute immunity. In this opinion, the court found multiple and independent grounds for placing conduct outside of the parameters created by the court."

Newsweek reached out to Trump's representatives via email for comment.

Why It Matters

Prosecutors have already agreed that Trump cannot be sentenced while serving as president. However, Monday's ruling indicates that Trump could face sentencing when he leaves the White House in 2029.

Trump's lawyers contended that the U.S. Supreme Court had granted him immunity for official presidential acts and presumptive immunity for actions within the broader scope of the presidency.

They argued before Merchan that prosecutors, during the trial, had relied on testimony from former White House communications director Hope Hicks about her conversations with Trump regarding the scandal, as well as on Trump's social media posts.

On Monday, Merchan ruled that these acts all pertained to a private matter.

"The People's use of these acts as evidence of the decidedly personal acts of falsifying business records poses no danger of intrusion on the authority and function of the Executive Branch," Merchan wrote.

He further emphasized that the Supreme Court had explicitly determined a president's public statements, including social media posts, could be used as evidence of criminal conduct.

"To find otherwise would effectively mean that every statement ever uttered (or posted on social media) by a sitting president, whether personal or official, in his or her own interests or that of the country, would be protected by absolute immunity," Merchan wrote.

What To Know

On Monday, Merchan denied Trump's request to throw out the jury's decision from May, which convicted the incoming president on 34 felony counts of falsifying business records.

The charges stem from a $130,000 payment made by Trump's attorney, Michael Cohen, to former adult film actress Stormy Daniels to stop her from speaking publicly about an alleged 2006 affair with the former real estate mogul during the lead-up to the 2016 election.

Trump pleaded not guilty to the charges, and his lawyers have sought to argue that after the Supreme Court ruled earlier this year that former presidents have absolute immunity from prosecution for official acts within their "exclusive sphere of constitutional authority," his conviction should be thrown out.

However, under the ruling, former presidents are not shielded from prosecution for unofficial or private actions.

What People Are Saying

Trump spokesperson Steven Cheung, in a statement: The "decision by deeply conflicted, acting Justice Merchan in the Manhattan DA Witch Hunt is a direct violation of the Supreme Court's decision on immunity, and other longstanding jurisprudence."

In a statement to Newsweek, Cheung added: "The American people have re-elected President Trump with an overwhelming mandate to Make America Great Again. It is now abundantly clear that Americans want an immediate end to the weaponization of our justice system, so we can, as President Trump said in his historic victory speech, unify our country and work together for the betterment of our nation."

But Richard Painter, former White House chief ethics lawyer under George W. Bush and a longtime Trump critic, on X: "Judge Merchan got this right. The case was about personal capacity acts, not official acts. It's very likely not a jail time offense anyway. Sentencing will be postponed while @realDonaldTrump serves his second term as President."

What Happens Next

CNN's Kara Scannell said Monday on Anderson Cooper 360 that the issue of whether the sentencing can continue in 2029 will be the next big decision in the case.

She said Trump "will be working through the court system to try to get this conviction overturned, but this is a big decision here on presidential immunity."

The president-elect's lawyers previously pledged to quickly appeal Monday's ruling, if necessary, to abolish Trump's criminal conviction.

Update 12/18/24, 4:46 a.m. ET: This article was updated with comment from Trump spokesperson Steven Cheung.