‘Justice Juan Merchan, in an 18-page opinion and order, rejected a number of trump’s arguments against his sentencing, including that a president-elect is entitled to the same immunity as a president. He also rejected a motion to dismiss trump’s case in the interest of justice. Among the factors the court found weighing against dismissal was trump’s character: “Defendant’s disdain for the Third Branch of government, whether state or federal, in New York or elsewhere, is a matter of public record. Indeed, Defendant has gone to great lengths to broadcast on social media and other forums his lack of respect for judges, juries, grand juries and the justice system as a whole.” In a related scathing footnote, Merchan accused trump’s lawyers of engaging in “dangerous rhetoric” in attacking the integrity of the court.

The footnote might also signal something about the peculiar timing of the ruling, so close to trump’s reascent to the presidency and with no time left for any sentence to be carried out. In it, Merchan all but accuses trump’s attorneys, led by trump’s nominee for deputy attorney general, Todd Blanche, of attempting to intimidate the judge in their recent pleadings. The implication could be that Merchan is laying down a marker that he will go ahead with the sentencing at this late date to demonstrate that the judiciary will not be intimidated by the incoming president.

Merchan notes specifically that trump’s filings “accuse … this Court of engaging in ‘unlawful’ and ‘unconstitutional’ conduct,” adding that such terms are synonymous with “criminally punishable.” Merchan then cited Chief Justice John Roberts’ recent paean to the sanctity of judicial independence. “Attempts to intimidate judges for their rulings in cases are inappropriate and should be vigorously opposed.”…’ (Richard Hasen and Jeremy Stahl via Slate)