Donald Trump has already given New York Justice Juan Merchan ample reason to sentence him to prison for falsifying business records, a columnist wrote Tuesday.
Each of the 34 counts he's been convicted of carries a maximum four-year sentence, although they would run concurrently. Washington Post columnist Jennifer Rubin argued that many convictions for Class E felonies do result in prison time — and she said Trump's "conduct and character" should be enough to put him behind bars in this case.
"It is not 'simply' that Trump has multiple civil judgments against him (e.g., sexually abusing and defaming E. Jean Carroll, inflating his property values and misusing charitable funds) or that he spearheaded a violent insurrection to overturn an election oreven that his conduct resulted in multiple contempt citations in Merchan’s and Justice Arthur Engoron’s courtrooms," Rubin wrote.
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"In this case, character and conduct also encompass how Trump treats the criminal justice system."
Merchan should consider the former president's attacks on witnesses, jurors and the judge and his family, as well as his efforts to incite his mob of MAGA supporters and undermine faith in the court system and rule of law, Rubin wrote.
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"Taking a step back, Trump’s tactics are familiar to those who study fascism," Rubin wrote.
"When independence of the courts is eroded and the leader and his cult accept as 'fair' only the outcomes that favor their cause, they can proceed to take a wrecking ball to other democratic institutions," she added.
"With other criminal cases against Trump delayed, Merchan alone has the responsibility for the foreseeable future to mete out punishment that is appropriate for Trump’s crimes and sufficient to protect the justice system. The voters ultimately will have to reject fascism at the ballot box, but at present Merchan must exercise his discretion in sentencing Trump to actual incarceration for at least a year to shelter the independent judiciary — judges, jurors and witnesses — threatened by this felon and his rhetoric.
"If he does not, he puts New Yorkers and the Constitution at risk."