“… with liberty and justice for all.” So concludes the Pledge of Allegiance to the Flag of United
States of America. (1) While enshrined in federal statute, no one can be compelled to recite it.
(2) Having observed the recent sentencing proceedings of President-Elect Donald J. Trump in
New York State Criminal Court, it is very apparent that application of its principal is entirely
optional, as well.
According to Black’s Law Dictionary, justice is the fair and proper administration of the law.
There exist multiple bases to conclude President Trump’s New York criminal trial was conducted
far from the fairness and propriety demanded by our hallowed judicial system.
Most glaring is the political nature of the prosecution. Prior to the reopening of the state
investigation, which led to indictment, trial, conviction and sentencing of President Trump,
Federal prosecutors declined to prosecute, and the Federal Elections Commission did not find a
basis to assess any civil fine, for the alleged criminal conduct (violating the Federal Election
Campaign Act of 1971 (FECA) by listing as legal expenses disbursements related to a
nondisclosure agreement).(4) It was not until President Trump announced his campaign for the
2024 Presidential Election was the case revived by the District Attorney, who himself was
concerned about the strength of the case, but then hired a Biden Administration senior
Department of Justice lawyer to push forward. (5) Since the underlying allegations were never
adjudicated by any Federal body (judicial or administrative) by securing a conviction under a
state law that was superseded by the federal statute (6), shepherded by a former Biden
Administration prosecutor after a declined prosecution at the federal level, the matter reeks of
selective prosecution for political purposes.
Equally disturbing are the facts that the trial judge not only contributed to the Biden campaign in
2020, but also his daughter was a Democratic organizer during the course of the trial, who helped
raise millions of dollars against President Trump and the GOP and for the Democrats. (7) So
while one could hardly but agree with the obvious observation of the judge during sentencing
that “this has been a truly extraordinary case”, his further statements that the “same rules of
evidence … same burden of proof was applied” fail the simplest scrutiny. (8) Glaringly, the
judge instructed the jury to find that the underlying crime, an essential element of the offense,
was any of the three vaguely defined options. Even on the jury form, they did not have to specify
which of the options were found. (9) Bedrock principles of criminal law are the Sixth
Amendment requirements that a defendant be informed of the nature and cause of the
accusation(s), and that the jury reach a unanimous decision before an accused can be convicted
of a serious crime. (10) The judge’s inexplicable failure to ensure the specificity of the jury
findings, can only lend to question motivation and bias.
Defense counsel summed it up well during his sentencing remarks, stating “But it’s also in
counsel’s view, a sad day for this country because this was a case without a doubt, that was
brought by a district attorney who promised that he would go after President Trump, if elected,
and felt like he had to go through with that promise, and so that’s sad.”(11) So with a politically
motivated prosecutor and a politically biased judge, the scales of justice could have not been
more imbalanced. One can only hope and pray that justice will not be seen as an optional
commodity as President Trump’s case must now navigate the perils of the appellate process.
References:
(1) 4 United States Code 4
(2) West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943)
(3) N.Y. Election Law § 17-152
(4) https://thehill.com/opinion/judiciary/4697118-braggs-thrill-kill-in-manhattan-could-
prove-short-lived-on-appeal/
(5) Manhattan D.A. Hires Ex-Justice Official to Help Lead Trump Inquiry; The New York
Times. December 5, 2022
(6) 52 U.S.C. § 30143(a)
(7) https://thehill.com/opinion/judiciary/4697118-braggs-thrill-kill-in-manhattan-could-
prove-short-lived-on-appeal/
(8) https://rollcall.com/factbase/trump/transcript/donald-trump-remarks-sentencing-new-
york-fraud-felony-case-january-10-2025/
(9) https://thehill.com/opinion/judiciary/4697118-braggs-thrill-kill-in-manhattan-could-
prove-short-lived-on-appeal/
(10) Ramos v. Louisiana, 590 U.S. 83 (2020); U.S. Constitution, Amendment VI.
(11) https://rollcall.com/factbase/trump/transcript/donald-trump-remarks-sentencing-
new-york-fraud-felony-case-january-10-2025/