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The Roller Coaster of Democracy.

Writer's picture: Mihran ShahzadeyanMihran Shahzadeyan

Most of us have seen footage of the unforgettable attraction known as the Roller Coaster. Some have even had the chance to ride one. It seems that the idea of this remarkable, incredibly engaging, and captivating attraction has significantly influenced American democracy. In certain, fairly frequent cases, the manifestations of this influence could be called the Roller Coaster of Democracy. Here’s a concrete example.

 

On Thursday, the U.S. Supreme Court rejected an emergency application by President-elect Donald J. Trump to halt the imposition of a criminal sentence against him in New York.

The Roller Coaster of Democracy swung upward.

At the same time, however, the majority of five justices noted that Mr. Trump would not face imprisonment. "The burden the sentence places on the duties of the President-elect is relatively insignificant." Moreover, Mr. Trump could challenge his conviction "in the usual course of appeal."

The Coaster swung downward.

Four conservative justices dissented from the decision to impose the sentence but did not specify their reasons. The Coaster made another downward turn.

The sentence could now be issued on Friday morning in the same Manhattan courtroom where Mr. Trump was convicted on 34 counts of falsifying records to conceal a sex scandal that jeopardized his 2016 presidential campaign.

The President-elect has indicated that he plans to appear virtually.

The Coaster may shift into a virtual dimension.

After a series of unsuccessful legal maneuvers in New York state courts, the former and future president had hoped to achieve a victory before a more sympathetic audience: the Supreme Court with its 6-3 conservative majority, including three justices appointed by Mr. Trump during his first term. But the Court decided not to intervene in the case, despite coming to Mr. Trump’s aid in several other recent matters.

The Coaster initially dipped but then began to oscillate again.

However, since the justices in July granted former presidents broad immunity for official actions—effectively nullifying the criminal case against Mr. Trump in Washington—the Coaster took another downward swing.

But a Roller Coaster is a Roller Coaster, after all—it doesn’t just travel in straight lines.

The demonstration of independence by five justices in the New York case—less than two weeks before the inauguration—undermined the campaign by the former and future president to prevent the spectacle of a humiliating sentencing. After months of delay, the sentencing could now formalize Mr. Trump’s conviction, cementing his status as the first convicted criminal to occupy the Oval Office.

At a press conference on Thursday evening at his Mar-a-Lago estate, Mr. Trump criticized the case and promised to formally appeal his conviction, even though he is guaranteed to avoid prison or any other significant punishment.

Because it’s an American Roller Coaster, let’s not forget.

"We’re going to appeal no matter what, just psychologically, because, honestly, it’s a disgrace," he said. But he found a silver lining, saying the Supreme Court’s decision actually motivated him. "I read it and thought it was a fair decision, actually, so I’ll handle my little matter tomorrow," he said.

The Supreme Court's decision served as a test of Mr. Trump’s influence on the panel of justices, most of whom previously appeared sympathetic to his legal troubles.

Revelations that Mr. Trump spoke with Justice Alito over the phone this week heightened concerns that Mr. Trump holds undue sway over the Court.

The Coaster began to swing rapidly up and down.

It is said that almost any other defendant in such a case would have been sentenced by now. But after a jury found Mr. Trump guilty on all charges in May, Mr. Trump’s lawyers filed a stream of motions seeking to overturn the conviction or at least block the sentencing. They intensified their efforts even after the judge overseeing the case recently indicated he would not impose jail time or any other significant punishment on Mr. Trump, making any sentence largely symbolic.

The case against Mr. Trump concerned a sex scandal involving porn star Stormy Daniels, who threatened to expose an encounter with Mr. Trump—an unsavory story that could have derailed his 2016 campaign. To bury the story, Mr. Trump’s intermediary, Michael D. Cohen, arranged a hush-money deal with Ms. Daniels for $130,000. Mr. Trump eventually reimbursed him. However, Mr. Cohen, the prosecution’s key witness, testified that Mr. Trump orchestrated a scheme to falsify records and conceal the true purpose of the reimbursement.

In their bid to convince the Supreme Court to intervene, Mr. Trump’s lawyers cited the court’s own decision last year on presidential immunity. In that landmark ruling, the justices granted former presidents broad immunity for official actions, delivering a significant blow to the criminal case against Mr. Trump in Washington, where he was charged with attempting to overturn the results of the 2020 election.

In a statement this week, Mr. Trump’s lawyers argued that he is entitled to full immunity from prosecution—and from sentencing—now that he has been re-elected. "Forcing President Trump to prepare for a criminal sentence in a felony case while he is preparing to lead the free world as President of the United States in less than two weeks imposes an unbearable, unconstitutional burden that undermines these vital national interests," they wrote.

But the district attorney’s office called his claim of immunity "baseless."

Last week, however, Judge Merchan put an end to the delays and scheduled sentencing for Friday. Mr. Trump faced up to four years in prison, but his election victory ensured that incarceration would not be an acceptable option.

Judge Merchan indicated that he would apply what is known as unconditional discharge—a rare and lenient alternative to imprisonment or probation.

"The trial court took extraordinary measures to minimize any burden on the defendant," prosecutors wrote on Thursday, according to Ben Protess, an investigative reporter at The New York Times who covers corruption in public institutions.

You must admit that the Roller Coaster of Democracy is no less astonishing and impressive an attraction than its amusement park counterpart.

This article incorporates materials from a publication in The New York Times.

 

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