JONATHAN TURLEY: Judge Merchan tries to defend himself after Trump sentencing — but he and Bragg are responsible for this monster.

Acting Justice Juan Merchan admitted that the case was “unique and remarkable” but insisted that “once the courtroom doors were closed, the trial itself was no more special, unique, and extraordinary than the other 32 cases in this courthouse.”

If so, that is a damning indictment of the entire New York court system. Merchan allowed a dead misdemeanor to be resuscitated by allowing Manhattan District Attorney Alvin Bragg to effectively prosecute declined federal offenses.

He allowed a jury to convict Trump without any agreement, let alone unanimity, on what actually occurred in the case.

Merchan ruled that the jury did not have to agree on why Trump committed an alleged offense in describing settlement costs as legal costs.

Neither the defendant nor the public will ever know what the jury ultimately found in its verdict.
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I once described this case as a legal Frankenstein: “It is the ultimate gravedigger charge, where Bragg unearthed a case from 2016 and, through a series of novel steps, is seeking to bring it back to life … Bragg is combining parts from both state and federal codes.”

Even liberal legal experts have denounced the case and Sen. John Fetterman (D-Pa.) recently called it total “bulls–t.”

Now, Merchan seemed quick to assure this Frankenstein case was just like any other creature of the court. It did not matter that it was stitched together from dead cases and zapped into life through lawfare.

Merchan knows that there is a fair chance this monstrosity will finally die on appeal, and he was making the case for his own conduct.

The verdict, however, is likely to last far longer than the Trump verdict. It is a judgment against not just Merchan but the New York legal system, which allowed itself to be weaponized against political opponents.

More significantly, many people will be reluctant to do business in New York in the future, given this, despite Governor Kathy Hochul’s (damning) assurance that no one but Trump would ever be subjected to charges like this.

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