The New York Times has this lengthy new piece, headlined “In Deciding When to Sentence Trump, Judge Faces ‘Impossible’ Task,” providing a reminder that former Prez Donald Trump is scheduled to be sentenced two weeks from today and all of issues surrounding that reality. Here are some excerpts:
Justice Merchan has made a steadfast effort to approach the landmark case no differently than hundreds of others he has overseen. But more than three months after a Manhattan jury convicted Mr. Trump on 34 felony counts of falsifying records to cover up a sex scandal, the veteran judge faces his greatest predicament: He must decide whether to sentence Mr. Trump as planned on Sept. 18 or wait until after Election Day, as Mr. Trump has requested.
Justice Merchan has already agreed to delay the sentencing once, and his upcoming decision — which will be made in the heat of a presidential campaign that has pitted Mr. Trump against Vice President Kamala Harris — will reverberate well beyond his Lower Manhattan courtroom. The decision could influence not only the election, but American politics for years to come. And it will almost certainly subject Justice Merchan to partisan second-guessing at a time when the nation’s faith in the judiciary has been shaken by the Supreme Court’s decisions on abortion, guns and other issues, as well as revelations about some of its justices’ own political entanglements….
While Mr. Trump has already been deemed a felon, if Justice Merchan postpones his sentencing until after the Nov. 5 election, the American people will vote without knowing whether Mr. Trump will spend time behind bars. A delay would also reward the stalling tactics Mr. Trump has deployed throughout the case, and feed the very impression the judge has labored to dispel — that the former president is above the law. Yet if Justice Merchan, a moderate Democrat who was once a registered Republican, imposes a sentence just seven weeks before Election Day, Mr. Trump will no doubt accuse him of trying to tip the campaign in favor of Ms. Harris….
“Whatever decision Judge Merchan makes will not only be the right decision, it will be driven by nothing other than that which occurred in the context of this case,” said Jill Konviser, a retired judge who has known Justice Merchan for more than 15 years. “Donald Trump will be treated fairly,” she added. “Of that, I am 100 percent sure.”…
After finalizing Mr. Trump’s sentencing date, Justice Merchan faces still more delicate decisions. The judge has promised to rule this month on Mr. Trump’s request to throw out his conviction in light of a new Supreme Court ruling granting presidents some immunity from prosecution. And, at some point, he will have to actually decide whether to put Mr. Trump behind bars.
Mr. Trump, the first president to become a felon, faces up to four years in prison. But legal experts believe it is more likely that Justice Merchan will sentence Mr. Trump to a few months in jail or probation. Whatever his punishment, Mr. Trump is unlikely to be incarcerated before the election. Even if the judge hands down the sentence on Sept. 18, he could postpone any punishment until after Election Day, or, if Mr. Trump wins back the White House, until after his second term expires.
Nor is Justice Merchan likely to have the final say. The former president will appeal his conviction to higher courts, and if Justice Merchan sticks with the plan to sentence him on Sept. 18, Mr. Trump will likely appeal that decision as well.