John Yoo: Judge Merchan Will Have to Order New Trial

Former Deputy Assistant Attorney General John Yoo believes that the “lawfare campaign” against Donald Trump is about to have major ramifications for Judge Juan Merchan.

Merchan was the presiding judge in the fraud case brought by Manhattan DA Alvin Bragg.

According to Yoo, Merchan will have to reverse the verdict and order a new trial or vacate it altogether.

Is He Right

Now, I have been adamant from day one that the verdict and sentence in the Bragg case would ultimately be overturned or lessened on appeal, just not for the same reasons as Yoo.

Yoo is leaning into the presidential immunity claim, and I hate to counter a legal expert like Yoo not being a lawyer myself, but he is wrong unless I am really missing something in the evidence in this case.

First, listen to his explanation…

Here’s the thing about presidential immunity and this case…

When the hush money was paid, Donald Trump was not the president, and even if he was, immunity would still not be relevant here.

Presidential immunity is ONLY in place for official acts as a president, such as ordering a military strike based on intelligence reports.

This case was about Trump’s personal business and alleged fraud that was committed to cover up hush-money payments during Trump’s presidential campaign.

That has zero to do with presidential duties, so I don’t understand why all these so-called legal experts continue to say Trump has immunity.

There are some aspects of the case that could fall under that, such as people who were asked to give testimony, but the underlying charges are still going to hold.

Having said that, the case itself was a complete and utter joke.

It was clearly influenced by political pressure and it is a violation that is generally given a fine, back taxes, a penalty, and quick rap on the knuckles.

If you look at similar violations by companies in the past, they are never brought to trial, and they are surely not charged with a felony for every journal entry related to the transaction, as Bragg did here.