How Winning the Election Became Trump’s Get-Out-of-Jail-Free Card
By: Ingrid Schrag
When New York Supreme Court Justice Juan Merchan sentenced President-elect Donald Trump to an unconditional discharge on January 10, he didn’t just make history – he exposed a fundamental flaw in our justice system that allows electoral victories to nullify criminal accountability. Trump was let off with a sentence of unconditional discharge, meaning he faced no prison time, probation, community service, or fines despite his conviction. This unprecedented outcome demonstrates that our current legal framework fails to deliver equal justice when the defendant is bound for the presidency.
The justice’s own words reveal this troubling double standard. “Donald Trump, the ordinary citizen, Donald Trump the criminal defendant, would not be entitled to such considerable protections,” Merchan admitted plainly. The judge noted that a harsher sentence would impede Trump’s ability to serve as president and fulfill his constitutional duties. In other words, had Trump not won the election, his 34 felony convictions for falsifying business records would likely have carried the consequence of years in state prison.
Let’s be clear about what happened here: A jury found Trump guilty of orchestrating a scheme to cover up a $130,000 hush money payment to adult film star Stormy Daniels before the 2016 election. This scheme involved 34 separate felony counts of falsifying business records, each carrying potential prison time of up to four years in prison. Yet, Trump walked away without so much as a fine, all because he was about to become president.
President Donald Trump appears remotely at criminal sentencing in “hush-money case”
The irony is staggering. The very position that should demand the highest standards of integrity is now being used as a shield against accountability. This was particularly evident when just one day before receiving his consequence-free felony sentence, Trump sat alongside other former presidents at Jimmy Carter’s funeral. The image of a convicted felon being honored among America’s past leaders highlighted the extraordinary contradiction between his legal status and his political position.
When prosecutor Joshua Steinglass noted that Trump “caused enduring damage to the public perception of the criminal justice system,” he described more than just the defendant’s actions. Steinglass’s statement inadvertently foreshadowed how the trial’s outcome itself would further undermine public trust in equal justice, as the sentencing demonstrated that political power can effectively neutralize judicial consequences.
Even more concerning is how Trump responded to this lenient treatment. Rather than showing any humility or acknowledgment of wrongdoing, he immediately took to social media to declare victory. He mischaracterized the penalty-free sentence as proof that “THERE IS NO CASE” – despite Justice Merchan explicitly stating that the light sentence was solely due to Trump’s impending presidency. This reaction reveals a dangerous contempt for the very institutions he now leads, suggesting that the president views the justice system as a political tool rather than an independent pillar of American democracy.
While Trump’s legal team plans to appeal the conviction, the damage to our justice system’s credibility is already done. A troubling precedent now exists suggesting that winning an election can effectively remove criminal accountability. This case demonstrates that the current legal framework contains a critical flaw: it lacks effective mechanisms to hold elected officials accountable when traditional penalties would interfere with their duties.
As Trump prepares to make history as both the first felon and the second president to serve non-consecutive terms, America faces uncomfortable questions about justice, accountability, and the true meaning of equality under the law. The unconditional discharge granted to Trump highlights the need for legislative reform addressing how the justice system handles criminal cases involving elected officials. Without such reforms, the principle that no one is above the law will remain an empty promise, undermined by practical exceptions for those who achieve political power.
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