Trump triumphs over legal challenges as he secures re-election
Lawfare warriors are losing their thrill after years of thrill-kill prosecutions.
Special Counsel Jack Smith, New York Attorney General Letitia James, and Manhattan District Attorney Alvin Bragg may be the greatest losers of Election Day.
Donald Trump’s victory resulted in the biggest jury verdict that many had been expecting after years of using the legal system as a weapon.
Smith’s prosecutions ended when the 270th electoral college vote was secured around 2 a.m. on Wednesday morning. His efforts to convict Trump and release damaging material before the election all failed.
Trump plans to fire Smith on Day 1, which would end both the January 6 and classified documents cases.
Another election case in Georgia has been suspended and is unlikely to continue.
This leaves James and Bragg as the leftovers of past lawfare battles, but even their prospects look good for Trump.
James managed to secure a large fine and interest through Justice Arthur Engoron, but this ruling is pending an appeal, expected to be a partial or total victory for Trump.
The appellate judges expressed skepticism over the penalty imposed by Engoran in September, as well as the laws used in the case.
Trump faced a hefty penalty in a case where no money was lost, and the banks involved actually wanted more business with him.
There is a hearing scheduled for the “hush money” case involving Stormy Daniels in front of Judge Juan Merchan on Nov. 11, with a possible sentencing on Nov. 26.
If Merchan decides to jail Trump, it is unlikely to happen as Trump appeals the case and the alleged errors made by the judge.
Merchan made mistakes in a case that should have never been filed, and the sentencing should likely result in no jail time if Merchan can exercise restraint.
Merchan’s errors in the case could lead to constitutional conflicts with Trump’s federal duties if a jail sentence is imposed.
Will the election bring about a moment of sobriety for New Yorkers who have been celebrating lawfare for years?
Although Trump did not win in New York, his support surged, coming closer to turning the state red than any Republican in decades.
After years of politicized prosecutions in New York, Trump secured 44.3% of the vote, compared to 55.7% for Harris. The margin had been 23 points in 2020.
It is unlikely that the election will completely end the appetite for lawfare in New York, as rage can be addictive and liberating.
Rage addicts may continue to push James and Bragg to pursue these campaigns more for recreation than prosecution.
Hopefully, James and Bragg will feel some humility when their cases fall apart, along with the failures of the Kamala Harris campaign.
Merchan has the opportunity to act with restraint and issue a conditional discharge without confinement, taking into account his election as the next president.
Instead of succumbing to the mob’s demands, he can act as a judge and quote B.B. King’s iconic song, “The thrill is gone, it’s gone away for good.”
Jonathan Turley is a Fox News Media contributor and the Shapiro Professor of Public Interest Law at George Washington University. He is the author of “The Indispensable Right: Free Speech in an Age of Rage.”