Judge Merchan 'blew an opportunity' in sentencing 'recalcitrant criminal' Trump: journalist

10 January

On Friday, President-elect Donald Trump was officially sentenced for 34 felony crimes in New York just days before being sworn in as the 47th president of the United States. But Justice Juan Merchan — who oversaw Trump's case — failed to meet the moment in one particular way, according to a journalist who has covered Trump extensively.

Merchan previously signaled that because Trump won the November election and that the duties of the presidency would outweigh any criminal penalty he would impose, he would only sentence the president-elect to "unconditional discharge," meaning there would be no jail time, probation, home confinement or even fines to go along with the sentence. Trump walking out of court without any actual penalties is particularly noteworthy given that he was facing up to 20 years in prison for his 34 class E felony convictions of falsifying business records.

In an interview with MSNBC host Joy-Ann Reid, investigative journalist and Trump biographer David Cay Johnston explained that Merchan could have still used the sentencing hearing to explain the significance of the moment to both Trump and the American public.

"I want to criticize Judge Merchan here. I think he blew an opportunity to teach," Johnston said. "He could have said but for the Supreme Court action, but for your becoming president in a few days, I would have sent you to prison, particularly because you're a recalcitrant criminal."

Johnston went on to say that as a journalist who has exposed significant financial crimes, some of the subjects of his reporting have ended up facing prison sentences so long that they "died behind bars." And he added that "in every case where the criminal defendants spit in the face of the judge" — which he argued that Trump "metaphorically did throughout this trial" — they got even tougher sentences.

"I think the judge had a great opportunity to teach the American people — most of whom don't have our level of knowledge about law and politics — about the system and how it should work. And he didn't take advantage of that," Johnston said. "And I think that's a tragedy."

Watch the video of Johnston's segment below, or by clicking this link.

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