Neo Harter
Contributing Writer
The Crime
On May 30, 2024, Donald J. Trump was found guilty of falsifying business records in connection with a payoff to Stormy Daniels, a pornography star who claimed she had a sexual encounter with him. By buying Daniels’ silence, the payoff avoided a possible sex scandal in the final weeks of the 2016 presidential campaign. Michael Cohen, Trump’s personal attorney and “fixer” at the time, sent the $130,000 hush-money payment to Daniels in October 2016. While he was president, Trump reimbursed Cohen in a series of installments processed by Trump’s company. According to a unanimous 12-person jury, Trump fraudulently disguised those installments as corporate legal expenses: a violation of New York law.
The Punishment
Although Trump was found guilty by a jury of his peers, his sentencing by Judge Juan Merchan was underwhelming. The newly re-elected president was not sentenced to prison, like nearly 50 percent of others who commit a similar crime, nor even probation; rather, the Commander in Chief was given an unconditional release. The only repercussions Trump faces are limits on his ability to travel without a waiver, a bar on his ability to own firearms, and a bar on his ability to serve on a jury. Judge Juan Merchan, the judge responsible for the sentencing said that “like when facing any other defendant, he must consider any aggravating factors before imposing a sentence, but the legal protection that Trump will have as president is a factor that overrides all others.”
What does this mean for the position of POTUS?
Well, as sad as it is to admit, this does not set any precedent that was not already established. As noted by Jessica Levinson, a CNN correspondent and professor of law at Loyola University, the protections which are afforded the office of the president would have prevented any president from receiving a harsher sentence than unconditional discharge. Trump, though a polarizing and divisive figure, is nevertheless the president of the United States. Therefore, his light sentencing reflects nothing more than the preexisting standards which have already been long established.
This case reaffirmed a concept that most legal professionals are already familiar with: that presidents, to put it simply, are above the law. To be clear, the people who occupy the position are not above the law, which is why Trump was found guilty, but the office of the president is above the law, which is why he received no punishment. Judge Juan Merchan was not sentencing Trump, per se, but rather the office of the president. Unless a president does something so egregious that the Senate is compelled to bring forth impeachment charges, they should not be subjected to legal scrutiny. Federalists papers no. 10, 51, and 99 all indicate that the office of the president is fundamentally different from any other position in the government. Because of the special requirements the office holds, it must be protected from obstructive influence, including the civilian legal system. This way, nothing impedes the duties of the position that must be performed. There is a separate legal system for presidents: the impeachment process. This is a complex manifestation of the checks and balances principle.
I am not convinced that Trump’s sentencing in the hush money case holds any major implications for the future. Because Trump’s circumstances and the hype that surrounds him are unique to him, it is unlikely that a future candidate who has committed any crimes will gain enough blind support from the voting populace to be nominated for the presidential ticket. Trump, for some reason or another, is a rare individual that defies all political precedent, and it’s unlikely that either party will find someone who is capable of blatantly breaking norms — and federal laws — and still find success like Trump has. The fact that Trump’s legal issues did not prevent his re-election is a testament to his unconventional appeal. Republicans had no choice but to nominate him, and he leveraged his popularity to then win the election and beat his criminal cases. That level of support is hard to find anywhere in modern day politics.
I am convinced, however, that Trump should be held accountable for his actions. He is not above the law: only the office of the President is. If his swift prosecution is not brought about soon after his tenure is complete, then he will have truly beaten the system. Trump strategically gunned for the presidency this election cycle (partly) because he needed to win in order to avoid or postpone his legal hearings. Although he managed to pull every legal lever possible that resulted in pushing his cases back until he won the election, three more cases (the Federal Interference Election case, the Georgia Election Interference case, and the Classified Documents case) remain that he can — and should — be tried for once he is out of office. For now, since he has won the presidency, his legal fate is in the hands of the Senate. That’s checks and balances.