Justice Merchan is about to Make a Major Historic Mistake

He Can Avoid It by Issuing the Following Ruling this Friday

Justice Juan Merchan, as a criminal court judge, must ensure that our laws are applied fairly and equally to all citizens. “Equal justice under law” is a foundational cornerstone of our legal, social, and political system that depends on proper administration.

When he rules on Friday, Justice Merchan’s responsibility as judge in an unprecedented case is to take everything into consideration, so that he can apply the law with appropriate discretion.

His responsibility in this case is unique, because the circumstances are unique and the convicted person is unique—in that in ten days he would become for a second term the president of the United States. Consequently, with no criminal history, no prior convictions, and as a person who has for the most part complied with the orders of the court, no incarceration may be warranted. Even so, the convicted person should be required to appear in court in person, not virtually—which would be a significant mistake and miscarriage of equal justice under the law.

Under all circumstances, it is Justice Merchan’s responsibility to impose a form of appropriate sentence that will not in any way inhibit Donald J. Trump from carrying out, unencumbered, his unique duties and responsibilities as president of this country. He has been found guilty by the jury of felony criminal violations, but under all the unique circumstances, the Justice may understandably provide him with an unconditional discharge. For him to do so fully and confidently in this case, it is reasonable and appropriate to seek expert medical advice.

Indeed, it is not unusual for a court to require either or both physical and mental evaluations prior to imposing a sentence. It is not unusual for courts to order this to be done in a 72-hour period, with or without consent. In fact, New York’s Correction Law 508, or CL 508, which regards the “Involuntary Admission of Pre-Sentenced Inmates,” specifically allows for it.

As psychiatric experts have made clear since the very beginning, this is a unique situation with a unique person, and one in which the public welfare as well as legal considerations are of utmost concern.

Consequently, it is very reasonable and prudent that Justice Merchan order the defendant to report immediately on Friday to the nearby New York University Medical Center for a full and complete psychiatric examination. Justice Merchan may order the University Hospital to complete this examination within 72 hours or less, unless it should apply to the Court for any necessary extension.

Justice Merchan can then order the convicted felon to appear again before his Court at 9 o’clock on Monday morning, January 13, 2025, with the expectation of final sentencing and dispossession of this case.

Announcement:

Dr. Bandy X. Lee will hold a live session on:

“How to Navigate an Increasingly Dangerous World”

This Friday, January 10, 2025, at 12 noon EDT/9 a.m. PDT on Zoom. A paid subscription is required to receive a link the morning before. Thank you!

Dr. Lee is a forensic and social psychiatrist who became known to the public through her 2017 Yale conference and book that emphasized the importance of fit leadership. In 2019, she organized a major National Press Club Conference on the theme of, “The Dangerous State of the World and the Need for Fit Leadership.” In 2024, she followed up with another major Conference, “The More Dangerous State of the World and the Need for Fit Leadership.” She published another book on fit leadership, in addition to a volume on how unfitness in a leader spreads, and two critical statements on fit leadership. Dr. Lee authored the internationally-acclaimed textbook, Violence; over 100 peer-reviewed articles and chapters; and 17 scholarly books and journal special issues, in addition to over 300 opinion editorials.