“Sentencing Should Proceed Promptly”: Former Prosecutor Argues Against Dismissing Trump’s Hush Money Case

As President-elect Donald Trump’s legal team seeks to nullify his pending criminal cases following his election victory, former federal prosecutor Randall Eliason insists Trump’s New York hush money case must move forward. Writing in The Atlantic, Eliason makes a compelling case for why Judge Juan Merchan should proceed with sentencing promptly, now that the election is over.

Post-Election Sentencing Still Relevant

Eliason highlights that Judge Merchan delayed sentencing before the election to avoid any potential influence on voters. “Out of an abundance of caution, [Judge Merchan] avoided a preelection sentencing that potentially could have influenced the election,” Eliason writes. “But the election result changes nothing about the criminal case. Now that the election is over, sentencing should proceed promptly.”

The George Washington University professor of white-collar criminal law emphasizes that Trump’s victory does not erase the verdict or the crimes for which he was convicted. According to Eliason, legal accountability must remain separate from political outcomes.

“The Election Wipes the Slate Clean” Argument is “Nonsense”

Eliason criticizes the notion advanced by Trump’s lawyers that the election absolves him of legal responsibility. “The fact the president-elect’s lawyers are essentially arguing that the election wipes the slate clean, that the people have spoken and all criminal matters must be dismissed, is pure nonsense,” Eliason asserts, as per reports Rhode Island Current.

He notes that while voters may have chosen to overlook Trump’s legal issues, this does not negate their existence. “A majority of voters apparently concluded that Trump’s criminal cases were not disqualifying—just as the sexual assaults, pandemic response, efforts to overturn the last election, and many other things apparently were not disqualifying,” Eliason writes. “That doesn’t mean they didn’t happen or that Trump is not legally and morally responsible.”

Legal System Must Stand Firm

Eliason also warns of the risks Trump poses to the justice system once in office. “Once in office, Trump may cancel federal prosecutions of himself and his allies. He has threatened to use the Justice Department to pursue political opponents,” Eliason explains. However, this should not deter the district attorney or Judge Merchan from carrying out their duties.

He concludes with a strong rebuke of Trump’s legal team’s argument. “The argument by Trump’s attorneys that the entire case should be dismissed based on his reelection amounts to nothing more than a claim that a president (or in this case, a president-elect) is above the law and may never be held criminally accountable.” Eliason’s call to proceed with sentencing underscores the principle that no one, not even the president-elect, is above the law.