BE THE FIFTH — The Weekly Opine

If he holds Trump accountable, Judge Juan Merchan (far R) will join New York Attorney General Letitia James, Manhattan District Attorney Alvin Bragg, Judge Arthur Engoron, and Judge Lewis Kaplan to form the New York Five. (Photos credit MSNBC, MSNBC, BBC, Lawdotcom, Politico)

Close the deal

Exactly three weeks from today the fate of America could be determined. (The presidential election obviously plays the most critical role, but what happens next month will likely influence November’s outcome.)

Twenty-one days from now Judge Juan Merchan will sentence Trump, as follow-up to the ex-president having been found guilty of committing 34 felonies. One could argue (here it comes) that what happens at the Republican National Convention in Milwaukee July 15-18, and what happens at the Democratic National Convention in Chicago August 19-22, take a backseat to what happens in the Manhattan courthouse on July 11.

While unprecedented – and maybe unfair to assign such significance to it – the reality could be that Judge Juan Merchan’s decision, regarding what to do with Trump during the sentencing hearing, will go a long way in determining the fate of American democracy. That is not to discount the choices made by undecided voters will carry enormous weight.

Perplexingly, there are still undecided voters who apparently have not seen Ken Burns’ powerful commencement speech. Burns laid bare how unambiguous the choice is between President Biden and the convicted felon Trump. Heck, the soundtrack for this election should be Johnny Nash’s 1972 hit song, “I Can See Clearly Now.” For the mentally intact, the choice between mature, responsible Biden and unhinged, felon Trump is unpainfully obvious.

During the criminal Trump’s criminal trial, Judge Merchan rightfully received plaudits for being uncompromisingly fair. Other than allowing Trump’s 10 blatant instances of contempt to go unpunished, when Trump ignored the judge’s gag order, Judge Merchan, according to legal scholars, was flawless managing his courtroom. He treated Trump more than fair. Now we simply ask that Judge Merchan show fairness to law-abiding citizens who deserve to see Trump held appropriately accountable.

For example, any other defendant whose behavior mirrored the loose-talking Trump, i.e., endangering the judge, the judge’s family and the jury, would have landed in jail. Only partisan crackpots argue that Judge Merchan was anything other than very, very accommodating to Trump.

A seasoned pro’s pro, Judge Merchan does not stoop to the lows exhibited by the disgraceful, crooked Judge Aileen Cannon, who continues to grossly mismanage Trump’s classified documents case. Judge Cannon, in way over her legal capacity, is baked from the same dough that produced the crooked, unethical Supreme Court Justice Samuel Alito and the crooked, unethical Justice Clarence Thomas. They all are making a mockery of the judicial system.

Step 1 was a fair trial, which Trump received, resulting in conviction. Step 2 should be handcuffing Trump after the sentencing hearing. Step 3 should be incarceration. (Photo credit Microsoft Power Point symbols)

Don’t go easy

Now the big question is, which path will Judge Merchan choose?

Will Judge Merchan choose accommodation, the road taken by many who’ve had the opportunity to hold Trump accountable? It’s a shameful club, teeming with gutless wanderers who could have saved democracy but instead chose to be spineless Trump accommodators. Among them are former Special Counsel Robert Mueller, ex-Senate Majority Leader now Senate Minority Leader Mitch McConnell (R-Ky.), Sen. Lindsey Graham (R-S.C.), Attorney General Merrick Garland, ex-House Speaker Kevin McCarthy (ex-R-Calif.) and current House Speaker Mike Johnson (R-LA). All are complicit chickens whose legacies are permanently ruined.

Or will Judge Merchan model New York Attorney General Leticia James, Manhattan District Attorney Alvin Bragg, Judge Arthur Engoron, and Judge Lewis Kaplan? They unabashedly held Trump to account and if Judge Merchan does the same it will create the New York Five. Will Judge Merchan stand with the civil jury that found Trump guilty of defaming (after raping) E. Jean Caroll? Will Judge Merchan stand with his own criminal trial jury that found Trump guilty on all 34 felony counts?

Judge Merchan’s decision could not be clearer, nor could it be easier. Like three of the milquetoasts previously cited (Mueller, McConnell and A.G. Garland) Judge Merchan is in position to help save democracy, if only he treats the ex-president-now-felon the same as Trump’s lackey Michael Cohen was treated.

Judge Merchan’s options, when it comes to sentencing the unremorseful felon Trump, range from probation to 4 years for each of the 34 felony convictions, not to exceed a total of 20 years.

Data shows that many convicted defendants who are first-time offenders, charged with white-collar crimes similar to Trump, are not sent to prison. One presumes those who do not receive prison sentences are model defendants who obey the judge’s instructions, display respect for courtroom decorum and show remorse. And likely none of them (except Cohen) interfered with a presidential election.

A number of people claim Judge Merchan shouldn’t send Trump to prison because MAGA hoodlums might erupt in violence. Or that the Secret Service would have difficulty coordinating protection of an imprisoned ex-president. Here’s the reality: Judge Merchan is not responsible for solving those issues. Judge Merchan’s responsibility is to punish a remorseless repeat offender who is four times criminally-indicted, found guilty on 34 felony counts, with three trials pending.

What Ken Burns said during his commencement speech, discussing the November election, applies to the decision facing Judge Merchan regarding Trump’s (and democracy’s) future. There is no real choice. This is a choice that could not be clearer.

No more accommodation for Trump. Send the destructive, threat-to-society felon to prison.