Will Democrats learn the law lesson? We will find out soon.

a week later President Trump’s overwhelming victoryThe trial is scheduled for New York State court, where the president-elect must deal with 34 business-recording charges for which a Manhattan jury found him guilty this spring. Judge Juan Merchan is expected to rule on Trump’s request to vacate the guilty verdicts. Team Trump argues that the case should be dismissed because District Attorney Alvin Bragg recklessly chose to include evidence of official acts in the prosecution, under the Supreme Court’s July 1 ruling that former presidents have presumptive immunity from prosecution for official acts.

Judge Juan Merchan, an activist Democrat, ruled against Trump with numbing regularity throughout the hearings. With the introduction out of the way, we should expect Merchan to reject Trump’s immunity claim. Then things get interesting.

Merchan anticipates not only making the immunity decision on November 12, but also sentencing the president-elect on November 26. Although the lawsuit is absurd, it alleges that Trump falsified business records to conceal a business record. legal confidentiality agreement – judge accepts prosecutor’s ridiculous claim to jury that Trump conspired to steal 2016 election. This situation increases the pressure on the court to impose a prison sentence for a certain period of time.

Naturally, Trump never wants to be condemned, especially in his moment of victory. In this case, he has some cards to play.

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Contrary to most allegations of error in criminal justice, immunity needs immediate review by higher courts; The defense does not have to wait until after conviction and sentence to appeal. In fact, that’s why Trump’s federal election interference trial in Washington, D.C., has been on hold for almost a year. Trump lawyers will therefore argue that they should be able to appeal Merchan’s immunity decision before sentencing at the two appellate levels in New York and potentially to the U.S. Supreme Court. This may take a year or two.

Bragg will counter that this is an unusual case in which the immunity issue does not become important until after the case is over; therefore the argument will continue, it would be more logical to continue sentencing and then let the case go to appeal; Trump could also raise immunity, in addition to the many other appeals he expects.

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It will be interesting to see what the New York courts do with this.

Understand that even if Merchan is sentenced to prison, Trump will not go to prison. Although the charges are felonies, they are not serious enough to warrant immediate arrest under New York law; Trump will remain free on bail pending appeal.

Given that Trump would not be sent to Rikers Island by a judge in Manhattan under any circumstances, it would be prudent to suspend the sentence and allow Trump to pursue his immunity appeal. This would avoid the indecency of subjecting the next president of the United States to a criminal conviction and sentence while he is about to take office.

NEW YORK, NEW YORK – MAY 30: Former US President Donald Trump appears in court for a hush money case in Manhattan Criminal Court in New York City on May 30, 2024. Judge Juan Merchan instructed the jury and deliberations are entering their second day. The former president faces 34 felony counts of falsifying business records in his first criminal case to go to trial. (Steven Hirsch-Pool/Getty Images)

If the appellate courts do not delay the sentence, Trump will remain free while the case is appealed; This process will take more than a year.

Under these circumstances, the Justice Department should call on state-level courts and, if necessary, federal court to suspend further proceedings in the New York criminal case until Trump’s presidency is concluded.

This does not put Trump above the law. It is not possible for the case to disappear; This is merely suspended so that the state is not in a position to interfere with the federal government’s capacity to govern; This principle is at the heart of the Constitution’s supremacy clause.

All that said, the case should go away.

One would hope that the lesson Democrats will learn from President Trump’s landslide victory is that the rule of law is unAmerican. Voters were clearly disturbed Democrats’ practice Using law enforcement and judicial processes as a weapon against their chief political rivals. Democrats would do well to absorb this lesson and avoid legal recourse after Americans return Trump to the White House, despite these allegations.

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By pardoning his predecessor and successor, President Biden could provide a strong example of statesmanship — on the verge of finally leaving office, he could act like the unifying president he initially promised. That would certainly make it easier for the nation to accept the president’s inevitable pardon for his son Hunter, who is awaiting sentencing on gun and tax charges. It could also provide the political space Gov. Kathy Hochul will need to pardon Trump for the outcry from progressives in New York — hopefully Democrats are reading the returns showing Trump’s inroads with traditional voters in the Empire State.

The law was terrible for the country. Americans’ resounding victory for Trump should be his death knell.

To read more from ANDREW McCarthy, click here