So, That’s That

The anticlimactic end of accountability

For whatever it’s worth. [PHOTO CREDIT: AP Photo/Yuki Iwamura]

I’m not entirely sure what to say.

The incoming 47th president of the United States of America is, in the wake of his sentencing in a New York courtroom, officially a convicted felon. And it matters not at all. There will be no prison, no probation, no community service, no fine.

Before I talk about what happened inside the courtroom, I think it’s worth noting that the jury carried out its civic duty under extraordinary circumstances and real threat of harm. Today must feel like a slap in the face to them.

Prosecutor Joshua Steinglass started things off, laying out the case as it was prosecuted against Donald and reminding us that, in addition to the seriousness of the crimes, Donald had “caused enduring damage to public perception of the criminal justice system.”

Steinglass concluded, however, that “we must be respectful of the Office of the Presidency.” I sincerely hope his tongue was firmly planted in cheek.

(A quick aside, it will forever gall me that the man most responsible for disgracing the office of the presidency continues to benefit from the respect others reserve for it—either out of habit or necessity.)

[On a separate note, I would add that alleged attorney general Merrick Garland shares a large part of the blame for causing enduring damage, not only to the public’s perception of the criminal justice system, but also to the rule of law itself. The consequences of the depth and breadth of the failures—of the Department of Justice, the American right which continues to embrace a lawless traitor, the the corporate media for normalizing the mendacity, criminality, and breath-taking unfitness of Donald Trump—will take a long to reverse.]

Donald’s defense attorney, Todd Blanche, who seems much more comfortable in his role as one his client’s most obsequious bootlickers, spent most of his time talking about how sad all of this was for Donald. Sad.

And then the convicted felon had his turn. Donald essentially gave a very low-energy version of a rally rant.

He began, “The people of this country understand what’s gone on. This has been a weaponization of government; they call it lawfare.” (Whoever taught Donald the word “lawfare” really has a lot to answer for.)

Donald then falsely claimed that the charges were brought to damage his reputation (how on earth it would be possible to inflict reputational damage upon him beggars the imagination). He falsely claimed that the gag order imposed upon him continues to prevent him from discussing important aspects of the case whereas, in reality, the partial gag order was put in place to prevent him from continuing to threaten courtroom staff, the families of the justice and the prosecutors, and the jury. His behavior both inside and outside the courtroom resulted in ten counts of contempt of court. No punishment will be assigned to these, either.

Donald also falsely claimed that the charges against him were trumped up—apparently forgetting that Michael Cohen was charged, tried, and found guilty on similar charges in 2018. Unlike Cohen, Donald was not sentenced to three years in prison.

He was sentenced to nothing.

Justice Merchan’s remarks were mostly about how extraordinary the circumstances of the trial were, but how ordinary the trial itself was. His tone throughout was matter-of-fact, and he laid out clearly and concisely the dual context in which he had to consider the sentencing—namely, the Supreme Court’s decision last summer on presidential immunity and the fact that Donald will be sworn in next week. As such, he was forced to conclude that an unconditional discharge was the only way to avoid “encroaching on the highest office of the land.” It is “the Office of the Presidency,” he said, “which imposes legal protections, a factor that overrides all others.”

In his only obvious dig—and I hope it stung—Merchan concluded that, “It is the legal protections afforded to the Office of the President of the United States that are extraordinary, not the occupant.”

Since Justice Merchan announced his intentions vis-a-vis sentencing last week, nothing that happened in the proceedings came as a surprise, but it was still unsettling to listen to the depressing denouement of this saga.

Donald, of course, had a social media post ready to go at the sentencing’s conclusion. It reads, in part:

The Radical Democrats have lost another pathetic, unAmerican Witch Hunt. After . . . coordinating with the Biden/Harris Department of Injustice in lawless Weaponization, and bringing completely baseless, illegal, and fake charges against your 45th and 47th President, ME, I was given an UNCONDITIONAL DISCHARGE. That result alone proves that, as all Legal Scholars and Experts have said, THERE IS NO CASE, THERE WAS NEVER A CASE. . . . The real Jury, the American People, have spoken, by Re-Electing me with an overwhelming MANDATE in one of the most consequential Elections in History.

The last thing Donald said before Merchan made his remarks was, “I’d just like to explain that I’ve been treated very unfairly.”

It should surprise absolutely no one that the most aggrieved man who has ever lived, a man who knows the difference between right and wrong, but refuses to accept responsibility for any of the wrongs he’s committed, and believes himself, always, to be beyond accountability. Today, it’s extremely difficult to argue with that assessment.

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We broadcast a live episode of Emergency Nerds, and listened to the audio from the sentencing as soon as it was released. Here’s the link—the audio of the court proceedings begins at 29 minutes and 44 seconds.