Brett Tolman: New York's legal circus against Trump is a constitutional threat and must be dismissed

The word “lawfare” doesn't even begin to describe the legal circus we're witnessing this week as state judges and prosecutors thumb their noses at the U.S. Supreme Court. Despite the justices' easy-to-understand immunity ruling months ago, Judge Juan Melchán's petulant ego suggests that People v. Trump is legally and procedurally flawed and should be dismissed. There is a danger that this will undermine the entire constitution of our country.

As a nation committed to justice and the rule of law, this criminal case poses a serious threat to judicial impartiality and public confidence in our criminal justice system. The judiciary's unreasonable deferral of prosecutorial power undermines its constitutional role as a check on government power.

The case has been marred by political overtones from the beginning. While the 34 charges against Mr. Trump for falsifying business records may be technically justified, there is no hiding the broader context of ulterior motives. Manhattan District Attorney Alvin Bragg pursued the case not in the “interests of justice” as required by the U.S. Supreme Court, but in a politically charged atmosphere that undermined public trust.

New York Court of Appeals rejects President Trump's motion to suspend sentence in criminal case

Chief Justice John Roberts also warned of the dangers of disinformation and threats to judicial independence in his year-end report. Although Roberts did not specifically cite the Trump case, his concerns about the politicization of the judiciary should resonate with all of us. Mr. Bragg's actions are clearly less about securing justice and more about scoring political points against a former president whose policies and statements he disagrees with.

Simply put, this is unchecked prosecutorial overreach that will inevitably seep into courtrooms across our country and erode the vital role of impartiality in our legal system.

The judge's role is to act as a neutral arbiter and ensure that justice is served without bias or bias. Unfortunately, Judge Juan Melchan took actions that cast doubt on his impartiality. From delaying Trump's sentencing until after the 2024 presidential election to his ridiculous attempt to distort Chief Justice Roberts' statement to implicitly defend his decision, Marchand has been an unconventional and troubling I've been walking down the road.

For more FOX News opinions, click here

President Trump also pointed to potential conflicts of interest related to Judge Marchand's family. These claims not only merit scrutiny, but also raise legitimate concerns about whether judges can be impartial in this high-stakes case. Judicial neutrality is the bedrock of our legal system, and any perception of bias, real or perceived, risks undermining public confidence in the judiciary.

Marchand's decision adds to a broader trend of judges not holding prosecutors accountable. By allowing this case to proceed despite its obvious flaws, Mr. Marchan is abdicating his responsibility, all of which increases the imbalance in our justice system.

The far-reaching implications of this case against Trump are not about any particular individual, but a litmus test for the health of our nation's criminal justice system. If the case is allowed to proceed, it would set a dangerous precedent that would allow prosecutors to pursue politically motivated cases with little fear of judicial oversight. Worse, it suggests that judges may ignore their duty to objectively evaluate prosecutions, further politicizing the court and undermining its credibility. This case serves no one, neither the people nor the judiciary, and certainly not justice.

CLICK HERE TO GET THE FOX NEWS APP

Dismissal of this case will not only restore public confidence in our institutions, but also demonstrate a commitment to values ​​of fairness and equity that cut across political divides. By dismissing the case, Marchan could restore judicial neutrality and prevent further damage to the judiciary's credibility.

Our country is at a crossroads. Now is the time for Americans to reaffirm their commitment to justice, untainted by political motivation or judicial bias. Dismissing the charges against Trump would be a strong step in that direction and demonstrate that the rule of law maintains the checks and balances that preserve the liberties and constitutional rights of all citizens. It will be.

Click here to read more articles by Brett Tolman