During his campaign rallies last year, Donald Trump sometimes looked skyward and wondered what his late mother and father would have thought if their son stood trial as an accused criminal.
Considering that Trump’s father, Fred, was a ruthless businessman who told his sons, “You’re a murderer” and “You’re a king,” the old man probably looked down on Friday with satisfaction that Donald was basically getting away with it – again.
A judge in New York has sentenced the US president-elect to unconditional pardon on 34 felony counts of falsifying business records in connection with a hush money payment to an adult film performer during the 2016 election.
“This court has determined that the only legal penalty that allows for a conviction without infringing on the highest office in the land is an unconditional dismissal,” Judge Juan Merchan explained.
Related: Trump avoids punishment for hush money conviction and calls case ‘terrible experience’
Legal experts called the decision a victory for the rule of law. It confirmed the fact that Trump will take office in ten days as the first US president convicted of a crime. The 78-year-old must carry that stigma with him for the rest of his life.
But in the eyes of the average voter, Trump got off scot-free. No fine. No jail time. In football terms, Friday’s conviction was a consolation goal in the final minutes, when most fans had left the stadium and Trump’s name was already engraved on the trophy.
Although a prison sentence for a first-time offender in such a case would have been rare, so would an unconditional dismissal. Most people in Trump’s shoes, if not paying a fine, would at least be expected to report regularly to a probation officer and submit to drug and alcohol testing.
But Trump got special treatment everywhere he went. He was a badly behaved defendant who hurled insults at the judge and the legal system throughout the trial, but went unpunished.
Merchan had indicated in advance that Trump would not risk jail time because it was not “feasible” given his impending return to the White House. The Supreme Court said this “stated intent” was crucial in its 5-4 decision Thursday to allow the sentencing to proceed.
Even then, Trump was allowed to appear virtually from his home in Florida – “The fact is, I am completely innocent. I did nothing wrong,” he protested – rather than face the symbolic humiliation of a final day in court. He also plans to appeal.
Take a step back and consider the big picture. A year ago, Trump faced four criminal charges. He was convicted in only one of them, widely seen as the least consequential, and received a no-punishment sentence, a slap on the wrist. He is about to be sworn in as the most powerful man in the world. Merchan closed the hearing by telling him, “Sir, I wish you the best of luck in your second term.”
Part of the blame falls on the man he will replace, Joe Biden. The current president’s decision to appoint Merrick Garland as attorney general turned out to be a fatal mistake. Garland was far too cautious in prosecuting Trump for his role in the January 6, 2021 insurrection and mishandling of classified documents.
Charlie Sykes, an author and broadcaster, wrote on the Atlantic’s website that Biden “misread the trajectory of Trumpism. Like so many others, he thought Trump’s problem had solved itself and that his election marked a return to normality. So he chose as his attorney general Merrick Garland, who appears to have viewed his role as restoring the Justice Department rather than pursuing accountability for the man who had tried to overturn the election.
After Hamlet-like delay, Garland appointed the special prosecutor, Jack Smith, to oversee the cases in November 2022 – almost halfway through Biden’s presidency. Smith was right to press charges, but it was too little too late and two federal cases were dismissed.
Imagine if the roles were reversed. Trump is said to have appointed a special prosecutor to aggressively prosecute the cases from day one. This isn’t the first time Democrats have stuck to a strange set of rules while Republicans have been tearing up the rule book.
Trump understood during last year’s election campaign that the White House would be his escape card. Most parents like to teach their children that honesty is the best policy and that crime does not pay. However, Trump continues to act with impunity in his own upside-down fairy tale.
