In the United States, we prosecute crimes, not people.
Arguably, this rule is the fundamental principle of our justice system. Doesn’t matter if a defendant volunteers every Sunday or has an affair every Tuesday. Defendants are accused of committing specific offenses. Prosecutors must prove their guilt without making the trial a referendum on their character or political views.
On Thursday, New York state’s top court stood for that principle – in a case that may impact Donald Trump’s own
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Manhattan prosecutors have played similar games in the Trump prosecution, using legally aggressive theories and trying to make the case about Trump’s character rather than what he is alleged to have done. And Marchan has let them.
Will Marchan note the grenade New York’s highest court just tossed in his lap? Will he at least reconsider the breadth of his ruling on the potential cross-examination Trump faces should Trump choose to testify?
Maybe not. After all, today’s ruling does not directly impact Marchan. And as some of you pointed out on Twitter this morning, it won’t help Trump much if he is found guilty this summer and then has his conviction reversed four years from now. The election is November, not 2028.
Still, today’s ruling may at least remind Marchan that trial courts do not have the final word and his decisions will eventually face review.
The next few weeks will tell us if he cares.