President Trump: Convicted Felon or Political Target

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Imagine buying a printer and documenting it as a business expense.

Perfectly legal.

But pretend for a moment that instead of buying a printer, you bought heroin. Now, not only are you breaking the law by purchasing illegal drugs, but you’re also committing a crime in the way you reported it as “something for the office.”

If instead of buying a printer, you bought an ice cream cone, you’ve got a “falsified business expense,” but that’s not necessarily a problem. What makes it criminal is the crime being concealed by documenting the expense as something legitimate.

If someone is going to accuse you of committing a felony because of a falsified business expense, they have to prove to the jury that you’re guilty of committing a crime that was funded by the money you reported as a legal transaction. In the case of our example, the purchase of heroin.

But if you bought ice cream, that’s not illegal and however you accounted for it is not a felony and…

…they don’t have a case.

These are the 34 “felonies” that President Trump was charged with:

 Invoice from Michael Cohen, marked as a record of the Donald J. Trump Revocable Trust 2/14/17
 Entry in the Detail General Ledger for the Donald J. Trump Revocable Trust, bearing voucher number 842457 2/14/17
 Entry in the Detail General Ledger for the Donald J. Trump Revocable Trust, bearing voucher number 842460 2/14/17
 Check and check stub, Donald J. Trump Revocable Trust Account, bearing check number 000138 2/14/17
 Invoice from Michael Cohen, marked as a record of the Donald J. Trump Revocable Trust 3/16/17
 Entry in the Detail General Ledger for the Donald J. Trump Revocable Trust, bearing voucher number 846907 3/17/17
 Check and check stub, Donald J. Trump Revocable Trust Account, bearing check number 000147 3/17/17
 Invoice from Michael Cohen, marked as a record of Donald J. Trump 4/13/17
 Invoice from Michael Cohen, marked as a record of Donald J. Trump 5/22/17
 Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 855331 5/22/17
 Check and check stub, Donald J. Trump account, bearing check number 002700 5/23/17
 Invoice from Michael Cohen, marked as a record of Donald J. Trump 6/16/17
 Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 858770 6/19/17
 Check and check stub, Donald J. Trump account, bearing check number 002740 6/19/17
 Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 858772 6/9/17
 Check and check stub, Donald J. Trump account, bearing check number 002741 6/19/17
 Invoice from Michael Cohen, marked as a record of Donald J. Trump 7/11/17
 Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 861096 7/11/17
 Check and check stub, Donald J. Trump account, bearing check number 002781 7/11/17
 Invoice from Michael Cohen, marked as a record of Donald J. Trump 8/1/17
 Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 863641 8/1/17
 Check and check stub, Donald J. Trump account, bearing check number 002821 8/1/17
 Invoice from Michael Cohen, marked as a record of Donald J. Trump 9/11/17
 Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 868174 9/11/17
 Check and check stub, Donald J. Trump account, bearing check number 002908 9/12/17
 Invoice from Michael Cohen, marked as a record of Donald J. Trump 10/18/17
 Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 872654 10/18/17
 Check and check stub, Donald J. Trump account, bearing check number 002944 10/18/17
 Invoice from Michael Cohen, marked as a record of Donald J. Trump 11/20/17
 Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 876511 11/20/17
 Check and check stub, Donald J. Trump account, bearing check number 002980 11/21/17
 Invoice from Michael Cohen, marked as a record of Donald J. Trump 12/1/17
 Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 877785 12/1/17
 Check and check stub, Donald J. Trump account, bearing check number 003006 12/1/17

These were all identified by the prosecution as falsified business records.

34 falsified business records, 34 felonies.

But remember, in order for a falsified business record to quality as a felony, it has to be proven that the money was intentionally categorized to conceal the fact that the law had been broken.

An excerpt from Manhattan prosecutors’ bill of particulars in the Donald Trump hush-money case referenced in the “Old, unused, and ‘twisty’ — meet the obscure NY election-conspiracy law that just might get Trump convicted” article printed in the Business Insider, April 27, 2024.

But what was the crime?

You can’t tell by looking at the business records, apart from the name, “Michael Cohen.”

In 2018, the Wall Street Journal reported that Michael Cohen, Donald Trump’s lawyer, cut a check to Stormy Daniels in exchange for her discretion when it came to her relationship to Donald Trump, given its sordid characteristics that occurred in 2006. That same check was later categorized as an illegal contribution to Trump’s presidential campaign and Cohen wound up serving three years in prison.1

Later, however, it was alleged that Trump tried to reimburse Cohen for the money paid out to Daniels and used a series of falsified business records in order to conceal the true nature of the payment made to the former porn star. In doing so, at least one of three crimes were committed (see sidebar):2

  • Violation of State Election Law
  • Tax Fraud
  • Federal Election Law

But you can’t simply list 34 transactions and call them 34 felonies. You have to prove that every one of those line items was intentionally mis-categorized in order to conceal a violation of either State Election Law, New York Tax Law, or Federal Election Law.

It looks like this:

But at each stage of the prosecution’s case, you have some toxic flaws that neither the judge, nor the jury, nor the prosecuting attorney’s seemed willing to acknowledge.

Let’s take a look…

#1 Hush Money – the money paid to Stormy Daniels, according to the prosecution, should’ve been reported to the FEC as a campaign expenditure. It was intentionally documented incorrectly in order to cover up either a violation of Federal Election Law (2), State Election Law (3), or an instance of Tax Fraud (4).

Here’s the problem…

The money paid to Stormy Daniels DID NOT have to be reported to the FEC as a campaign expenditure. However he documented it, the prosecution is wrong in insisting that the money should’ve been reported to the FEC.

Washington Examiner reporter, Byron York, explains:

Manhattan District Attorney Alvin Bragg has charged Trump with falsifying bookkeeping records of a nondisclosure payment in order to commit or conceal another crime, Bragg still hasn’t revealed what that other crime is. It’s really the key to the whole case. Without the other crime, there would be no charges against Trump in this matter. The fact that we — and that includes the defendant — still don’t know what the other crime is is one of the great injustices of a felony prosecution that never should have happened…[Bragg’s] theory is that if Michael Cohen paid Daniels $130,000 in the fall of 2016 to keep her from going public with her story that she and Trump had a sexual encounter and then Trump repaid Cohen in 2017, then that was a campaign contribution and should have been reported to the FEC. The payments were made “for the purpose of influencing any election,” the theory continues, and the Trump campaign should have filed a document with the FEC listing among its campaign contributions and expenditures that it received and spent $130,000 for “hush money.”

If you think that sounds a little odd for an FEC disclosure, you’re right. That’s where one of the critical witnesses to be called by the Trump defense comes in. Bradley Smith is a former chairman of the FEC, and on many occasions, including long before Trump, he has argued that there are all sorts of things a candidate can spend money on that are not legally classifiable as “for the purpose of influencing any election.” … Smith, having headed the FEC, has many examples from the commission’s enforcement of federal election law that illustrate his point. He knows what he is talking about, and it seems clear that his expert opinion is that paying off Daniels, no matter what one might think of it, is not a campaign expenditure or donation that FECA requires a candidate to disclose. The Trump defense plans to call Smith as a witness. Not because he has any personal knowledge of the Trump transaction but because he understands, and has enforced, the campaign law that Bragg’s prosecutors appear to be planning to use against Trump. But Merchan has forbidden Smith from testifying about most of the issues involved in the case.3

The Forbidden Testimony of Bradley Smith

Bradley Smith’s testimony would’ve severely undermined the prosecution’s case. He tweeted some of what he would’ve said had Judge Merchan allowed him to take the stand and elaborate on how Campaign Law actually applied to President Trump’s situation…

Judge Merchan has so restricted my testimony that defense has decided not to call me. Now, it’s elementary that the judge instructs the jury on the law, so I understand his reluctance. But the Federal Election Campaign Act is very complex. Even Antonin Scalia—a pretty smart guy, even you hate him—once said “this [campaign finance] law is so intricate that I can’t figure it out…

Someone has to bring that knowledge to the jury. That—not the law—was my intended testimony. For example, part of the state’s case is that they wrongly reported what they knew to be a campaign expenditure in order to hide the payment until after the election. Cohen even testified they just wanted to get past the election…

So, we were going to go over the reporting schedules, showing that even if they thought it was a campaign expenditure to be reported, an expenditure made on October 27 (when $$ sent to Daniels atty) would not, under law, be reported until Dec. 8, a full 30 days after election. But while judge wouldn’t let me testify on meaning of law, he allowed Michael Cohen to go on at length about whether and how his activity violated FECA. So effectively, the jury got its instructions on FECA from Michael Cohen! (What an Expert Witness for Trump’s Defense Would Have Told Jurors If He Hadn’t Been Muzzled by the Judge)

Everything about the prosecution’s case requires the money paid to Stormy Daniels by categorized as illegal in the context of Election Law. If the priority is a fair trial, it only makes sense that you would seek out the clarity provided by someone who can speak with authority as to whether or not Trump did, in fact, break the law from the standpoint of the FEC.

Bradley Smith is that authority and Bradley Smith was forbidden by Judge Merchan to provide that clarity.

Jonathan Turley is a professor at George Washington University Law School and has testified in United States congressional proceedings about constitutional and statutory issues. Since the 1990s, Turley has been a legal analyst for several major news networks and is currently a legal analyst with Fox News. He said this about the prosecution’s closing argument made by Joshua Steinglass:

Steinglass just said that it is a fact that these were campaign violations. Nothing from the judge and nothing for the defense. This jury has now been told dozens of times that the payments were campaign violations and the Judge is letting that false claim stand uncontradicted…He literally said that Trump lied in denying that these were campaign contributions because they were in fact such violations. Merchan is treating this all as argument. However, Steinglass is making a statement of law that is contradicted by a wide variety of experts.4

Among the “wide variety of experts” that Turley is referring to is Bradley Smith, whose testimony would’ve prevented Steinglass from invoking the discredited assumption that Trump had violated Election Law as an established fact (see “What an Expert Witness For Trump’s’ Defense Would Have Told Jurors if He Hadn’t Been Muzzled by the Judge” sidebar).

It’s as though the court wasn’t really looking for the truth as much as it was looking for an excuse to find Trump guilty.

#2 Federal Election Law – The prosecution insisted that Trump’s payment to Stormy Daniels violated Federal Election Law.

Here’s the problem…

The FEC declared President Trump innocent of any wrongdoing involving his payment to Stormy Daniels in 2021.

 

Statute of Limitations…

The crimes Trump was convicted of date back more than five years, but they withstood an initial court challenge because of a pandemic-era extension.Trump was indicted on March 30, 2023, more than six years after the earliest charge in the indictment, which dates to Feb. 14, 2017. That’s beyond the five years typically allowed by the statute of limitations, but there’s a catch: Former New York Gov. Andrew Cuomo extended the time limit to file charges in all criminal cases when courts were disrupted by the COVID-19 pandemic in 2020.

Trump’s lawyers moved to dismiss the case in its early stages based on the statute of limitations, but Merchan rejected the argument. In a pretrial decision, the judge said the pandemic extension stretched out the deadline for the prosecution by one year and 47 days.

“In other words, this felony prosecution had to be commenced within six years and 47 days from when the crimes were allegedly committed,” Merchan wrote.

Trump was charged within days of the potential deadline. The extension “brought the conduct described in the indictment within the prescribed five-year time limit,” Merchan wrote. (USA Today)

The Federal Elections Commission (FEC) had closed its investigation into whether former President Trump illegally made hush money payments to women prior to the 2016 election.

The FEC voted 4-1 to close the inquiry after failing to find that Trump or his campaign “knowingly and willfully” violated campaign finance law when his former attorney Michael Cohen paid $130,000 to porn star Stormy Daniels to keep her from disclosing an alleged affair.5

The FEC declared President Trump innocent of any wrongdoing involving his payment to Stormy Daniels in 2021. Yet, the State of New York decided to ignore that verdict and attempted to charge him with the same crime in 2024.

Another weakness in the prosecution’s case is the fact that President Trump’s alleged violation happened six years ago – a full year beyond the state’s statute of limitations. While a provision was made to extend that timeframe, given the way courts were disrupted by COVID-19, the fact that under any other circumstance, the prosecution’s case would never have made it to trial.

Bear in mind that a falsified business record is a misdemeanor. In order for it to be classified as a felony, the prosecution had to allege that the money was intentionally misrepresented in order to conceal another crime. But not only did that misdemeanor have to be linked to another crime in order for it to qualify as a felony, it had to be asserted as a felony in order for an exception to the statute of limitations to apply.

#3 State Election Law – According to Judge Merchan, New York State Election Law Section 17-152 was violated.

Here’s the problem…

State courts have no jurisdiction in cases such as this as defined by the Federal Election Campaign Act of 1971.

Again, in order for the 34 counts of falsified business records to resonate as felonies, it has to be proven that they were falsely documented in order to conceal another crime. The prosecution asserted that one of the three possible crimes was a violation of New York State Law Section 17-152  which refers to a “Conspiracy to promote or prevent election.” It goes on to say that, “Any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of a misdemeanor.”6

At one point, Judge Merchan elaborated by saying, “Under our law, a person is guilty of such a conspiracy when, with intent that conduct be performed that would promote or prevent the election of a person to public office by unlawful means, he or she agrees with one or more persons to engage in or cause the performance of such conduct.”7

The problem, however, is that the state has no jurisdiction when it comes to Federal elections. In other words, if the FEC declares that the money paid by President Trump to Michael Cohen was not in violation of the law, that ruling supersedes and preempts any provision of State law with respect to election to Federal office.8

Judge Merchan and the prosecution were completely wrong in making a violation of State Election Law as part of the trial because Federal Law renders any attempt on the part of the state to override a Federal ruling a moot point.

#4 Tax Fraud – Prosecution accused President Trump of tax fraud when he disguised payments to Michael Cohen.

Here’s the problem…

The DA introduced no evidence to support the claim and the court didn’t rule on the issue.

In his legal review, Professor Gregory Germain elaborated on the issue of tax fraud as presented by the prosecution:

Early in the case, the District Attorney suggested that Trump might have been disguising the payments to commit tax fraud. But the DA introduced no evidence to support that claim. Trump asked Judge Merchan to prevent the District Attorney from arguing the tax fraud point. The District Attorney argued that falsifying the payment as income to Cohen rather than a reimbursement was a “tax law violation,” but Trump pointed out that there is no evidence that anyone received a tax benefit from the characterization. The court did not rule on the issue.9

So, however “tax fraud” might’ve been documented in the prosecution’s “Bill of Particulars,” it was never proven let alone discussed.

#5 Convicted Felon – Trump’s guilt was evaluated according to his having effected the election according to “unlawful means.”

Here’s the problem…

Judge Merchan illegally told the jury they didn’t have to unanimous which also violated President Trump’s rights.

N.Y. Election Law § 17-152 states, “any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means … shall be guilty of a misdemeanor.” This crime has two elements:

  • To be guilty, a jury must find the accused: (1) conspired to affect an election; and (2) committed another act by “unlawful means” in furtherance of the conspiracy.
  • A jury must agree unanimously on the acts constituting elements of a crime. (See U.S. v. Gotti, 451 F.3d 133, 137 (2d Cir. 2006) (“The jury must be unanimous not only that at least two [predicate] acts were proved, but must be unanimous as to each of two predicate acts.”); U.S. v. Carr, 424 F.3d 213, 224 (2d Cir. 2005) (“The jury must find that the prosecution proved each one of those two … specifically alleged predicate acts beyond a reasonable doubt.”).)10

A jury can’t declare someone to be guilty without being unanimous. Despite that being a known precedent, Judge Merchan told jurors, in his verbal instructions to the jury, “Your verdict, on each count you consider, whether guilty or not guilty, must be unanimous. In order to find the defendant guilty, however, you need not be unanimous on whether the defendant committed the crime personally, or by acting in concert with another, or both.11”

While it may sound like the Judge is insisting on a consensus, he simultaneously makes it clear that the jury doesn’t have to be unanimous in which of the three possible manifestations of “unlawful means” were actually committed.  Not only is that a gross violation of legal precedent, it’s also a violation of President Trump’s Sixth Amendment right which says that all those accused of a crime have the right to “be informed of the nature and cause of the accusation.”12

Juan Merchan

However unbiased Juan Merchan may claim to be, his adversarial perspective on President Trump and the Republican party are obvious given his financial contributions as well as the way in which his daughter stood to gain financially had President Trump lost the election.This is more than just an awkward coincidence. This is a violation of New York State Law pertaining to how political activity and family associations can not be allowed to impact the necessary impartiality that has to characterize the judgement of the one sitting on the bench.

  • Judge Merchan made financial contributions to Joe Biden’s Presidential Campaign and a Political Action Committee called “Stop Republicans.”14
  • Judge Merchan’s daughter, Loren Merchan, is the founder and president of a political consulting company called Authentic Campaigns, which provides political services for prominent Democratic Party clients. In a letter from Congress to Ms. Merchan, the Committee on on the Judiciary said, “Experts have raised substantial concerns with Judge Merchan, your father, refusing to recuse himself from President Trump’s case despite your work on behalf of President Trump’s political adversaries and the financial benefit that your firm, Authentic Campaigns Inc., could receive from the prosecution and conviction.15

At every level of this trial, you have a corrupted manipulation of the law…

  • The Hush Money paid to Stormy Daniels did not have to be filed as a campaign expenditure
  • There was no violation of Federal Election Law.
  • The State has no jurisdiction over Federal Elections.
  • There was no evidence of Tax Fraud
  • Jury didn’t have to be unanimous on what crime was committed

In addition…

  • The jury pool is coming from a county that consists of 663,000 registered Democrats as opposed to 66,000 Republicans.13
  • A key witness for the defense was not allowed to testify
  • Prosecution’s star witness confessed to lying under oath
  • Given Merchan’s political activity as well as his daughter being formally questioned by Congress as to how she stands to benefit financially by Trump’s indictment and defeat (see sidebar), his bias makes his refusal to recuse himself a potential violation of New York State Law standards for recusal which state that judges may not “directly or indirectly engage in any political activity.”16 The rules further state, “A judge shall not allow family, social, political, or other relationships to influence the judge’s judicial conduct or judgment.”17

What Was Donald Trump’s Crime? Liberals have a hard time in saying what Trump was guilty of.

Finally, Michael Colangelo was President Joe Biden’s third-highest-ranking Department of Justice official. He quit to join the Manhattan office investigating Donald Trump on November 18, 2022 – only three days after Trump announced his 2024 run and the same day Attorney General Merrick Garland appointed special counsel Jack Smith, and White House attorneys met for eight-hours with Nathan Wade. Colangelo’s association with the case and his nonsensical departure from his prestigious position makes it all the more logical to assume that the Biden White House was instrumental in ensuring that the case against President Trump had the look and feel of something legitimate.

It’s especially suspicious, given the way that Alvin Bragg was apparently reluctant to prosecute President Trump up until Colangelo joining the effort. He was so instrumental in building the case, he actually presented the opening arguments.18

Depending on the media you consume, it’s easy to believe that President Trump was found guilty on 34 felony convictions including what you see above. The problem with the headlines is that they rarely communicate the bottom lines that define the legal substance of, not just the allegations, but even the court proceedings that handed down a guilty verdict.

According to legal experts, Merchan’s standards for a conviction are abnormal. Not only were his instructions vague and illegal, but the prosecution never really made its point. Turley, who was been inside the courtroom, writes. “The jury has been given little substantive information on these crimes, and Merchan has denied a legal expert who could have shown that there was no federal election violation. This case should have been dismissed for lack of evidence or a cognizable crime.”19

Alan Dershowitz was a Democrat up until September of 2024. Prior to that, he supported Hillary Clinton and represented several high profile clients in their legal struggles.

He had a chance to be in the courtroom when Judge Merchan cleared everyone out in order to rebuke Robert Costello. From the perspective of Dershowitz, it was more than inappropriate…

Even if what Costello did was wrong, and it was not, it would be utterly improper and unlawful to strike his testimony — testimony that undercut and contradicted the government’s star witness.

The judge’s threat was absolutely outrageous, unethical, unlawful and petty.

Moreover, his affect while issuing that unconstitutional threat revealed his utter contempt for the defense and anyone who testified for the defendant.

The public should have been able to see the judge in action, but because the case is not being televised, the public has to rely on the biased reporting of partisan journalists.

But the public was even denied the opportunity to hear from journalists who saw the judge in action because he cleared the courtroom.

I am one of the few witnesses to his improper conduct who remained behind to observe his deep failings.20

He goes on to observe how, because the trial wasn’t televised, the only perspective on what happened inside the courtroom was going to be coming from media types, many of who were just as biased as Judge Merchan.

He concludes his observations with a fitting statement that captures everything that falls into the category of the way in which President Trump was not found guilty as a convicted felon as much as he was put on trial as a political target…

“The American public is the loser.”21

 

 

1. “Stormy Daniels – Donald Trump Scandal”, https://en.wikipedia.org/wiki/Stormy_Daniels%E2%80%93Donald_Trump_scandal, accessed January 31, 2025
2. The excerpt from Manhattan prosecutors “Bill of Particulars” references four crimes. However, only three were referenced by Judge Merchan in his instructions to the jury. The fourth one is State Penal Law 175.05 and refers to falsifying business records and is classified as a misdemeanor. It may be that this was considered both obvious and redundant and for that reason, wasn’t referenced by Judge Merchan.
3. “When the judge gags a key witness for Trump’s defense”, Washington Examiner, Byron York, May 6, 2024, https://www.washingtonexaminer.com/daily-memo/2993414/when-the-judge-gags-a-key-witness-for-trumps-defense/, accessed February 22, 2025
3. “Why Is the Judge in Trump’s New York Trial Muzzling a Key Defense Witness?”, “Townhall”, Guy Benson, 5/8/2024, https://townhall.com/tipsheet/guybenson/2024/05/08/why-is-the-judge-in-trumps-new-york-trump-trial-muzzling-a-witness-for-the-defense-n2638747, accessed February 3, 2024
4. Jonathan Turley, https://x.com/JonathanTurley/status/1795582312073101372, accessed February 1, 2025
5. “FEC drops investigation into Trump hush money payments”, Jordan Williams, 05/06/21, “The Hill”, https://thehill.com/homenews/campaign/552271-fec-drops-investigation-into-trump-hush-money-payments/, accessed February 4, 2025
6. “The New York State Senate”, “SECTION 17-152 | Conspiracy to promote or prevent election”, https://www.nysenate.gov/legislation/laws/ELN/17-152, accessed February 22, 2025
7. “What is the New York election law at the center of Trump’s hush money trial?”, ABC News, Ivan Pereira and Peter Charalambous, May 30, 2024, https://abcnews.go.com/US/new-york-election-law-center-trumps-hush-money/story?id=110678995, accessed February 22, 2025
8. Office of the Law Revision Counsel, United States Code, §30143. State laws affected, https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section30143&num=0&edition=prelim, accessed February 22, 2025
9. Syracuse University, College of Law, “Professor Gregory Germain writes: The Most Important Part of Trump’s Hush Money Case begins Next Week”, Professor Gregory Germain, May 22, 2024, https://law.syracuse.edu/news/professor-gregory-germain-writes-the-most-important-part-of-trumps-hush-money-case-begins-next-week/, accessed February 22, 2025
10. America First Legal, “Legal Errors in the New York Prosecution of President Trump Jury Unanimity”, https://media.aflegal.org/wp-content/uploads/2024/07/01181702/Merged-One-Pagers.pdf, accessed February 22, 2025
11. New York State Unified Court System, “Post Summation Instructions”, https://www.nycourts.gov/LegacyPDFS/press/PDFs/People%20v.%20DJT%20Jury%20Instructions%20and%20Charges%20FINAL%205-23-24.pdf, accessed February 22, 2025
12. Constitution Annotated, Sixth Amendment, https://constitution.congress.gov/constitution/amendment-6/, accessed February 22, 2025
13. “Election by County”, “New York State Board of Elections”, https://elections.ny.gov/enrollment-county, accessed February 1, 2025
14.Federal Election Contribution, Individual Contributions, https://www.fec.gov/data/receipts/individual-contributions/?contributor_name=juan+merchan&contributor_occupation=judge&two_year_transaction_period=2020, accessed February 22, 2025
15. Congress of the United States, House of Representatives, Committee on the Judiciary, “Letter to Ms. Lauren Merchan”, https://judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/files/evo-media-document/2024-08-01%20JDJ%20to%20L.%20Merchan%20re%20Authentic%20Campaigns.pdf, accessed February 22, 2025
16. Cornell Law School, “N.Y. Comp. Codes R. & Regs. Tit. 22 § 100.5 – A judge or candidate for elective judicial office shall refrain from inappropriate political activity”, https://www.law.cornell.edu/regulations/new-york/22-NYCRR-100.5, accessed February 25, 2025
17. Casetext, “N.Y. Comp. Codes R. & Regs. tit. 22 § 100.2”, https://casetext.com/regulation/new-york-codes-rules-and-regulations/title-22-judiciary/subtitle-a-judicial-administration/chapter-i-standards-and-administrative-policies/subchapter-c-rules-of-the-chief-administrator-of-the-courts/part-100-judicial-conduct/section-1002-a-judge-shall-avoid-impropriety-and-the-appearance-of-impropriety-in-all-of-the-judges-activities, accessed February 22, 2025
18. Congress.gov, “Biden’s #3 Man at DOJ Resigned to Join Alvin Bragg’s‘Get Trump’Team on November 18,2022”, Bradley Jaye, JUne 12, 2024, https://www.congress.gov/118/meeting/house/117426/documents/HHRG-118-JU00-20240613-SD012-U12.pdf, accessed February 22, 2025
19. Jonathan Turley, “The Closing: Trump’s Final Argument Must Bring Clarity to the Chaos in Merchan’s Courtroom”, Jonathan Turley, May 28, 2024,
https://jonathanturley.org/2024/05/28/the-closing-trumps-final-argument-must-be-clarity-to-chaos-in-merchans-courtroom/, accessed February 22, 2025
20. New York Post, “I was inside the court when the judge closed the Trump trial, and what I saw shocked me”, Alan Dershowitz, May 21, 2024, https://nypost.com/2024/05/21/opinion/i-was-inside-the-court-when-the-judge-closed-the-trump-trial-and-what-i-saw-shocked-me/, accessed February 22, 2025
21. Ibid

See also…

Judge limits scope of testimony from Trump’s planned expert witness

Legal Errors in the New York Prosecution Against President Trump

Why Does it Have to be so Difficult?

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I was looking at the story about how the Hebrews crossed the Red Sea. It was a timely devotion because of the way my bride and I were rehearsing some challenges yesterday.

In the chapters leading up to the exodus, God had demonstrated His Reality in the context of several miraculous signs that were so compelling, that no one in Egypt doubted the superiority of Israel’s God. After the Passover, Pharaoh couldn’t wait to send the Israelites on their way. This wasn’t just an example of brilliant statesmanship on the part of Moses, or a series of unfortunate events that coincidentally promoted the idea of granting Israel their independence. This was the miraculous Power of God in full display and what was an impossible situation, as far as the Hebrews being subject to the most powerful empire on earth with no hope of ever being free from a life of bondage, were now leaving in the context of a total and complete victory over their former taskmasters.

But then, Pharaoh changes his mind and he goes after the Israelites. He corners them against the Red Sea and there’s nothing the Hebrews can do but just wait for Pharaoh’s chariots and spears to end their lives.

But then, God parts the Red Sea and before it’s all over, Israel will, once again, see God doing what only He can do with the result being total and complete victory.

But before the waters parted, the Hebrews go up to Moses and, rather than calmly asking that he approach the Lord and ask for some help, they are terrified and wonder out loud if the whole purpose of leaving Egypt was to simply be killed in the desert.

When Moses approaches God, the Lord responds by asking him, “Why are you crying out to me?” (Ex 14:15)

The commentary on this verse is pretty minimal. But I hear it as God asking Moses, why are you freaking out?

Perhaps that’s not the most scholarly approach. Moses wasn’t necessarily terrified, but I can’t help but think that God was pointing back to the last several months of signs and wonders and asking Israel through His conversation with Moses, “Why are you so forgetful? Do you not remember all of what’s happened recently? Do you think that I’m somehow perplexed by what’s going on now?”

We know how the story ends. The Red Sea parts, Pharaoh’s army is destroyed and Israel can’t stop cheering.

But in the very next chapter, the nation of Israel is out of water and they’re in the desert and they…

…grumble (Ex 15:24)

Here’s where I have a question.

Why is it that the Red Sea couldn’t be the last round of major obstacles. You come within a heartbeat of being totally destroyed by Pharaoh’s army, you’ve got Pharaoh in front of you, the sea behind you, you’ve got nowhere to run, there’s nothing you can do and then, God delivers you and…

…cue music, the Israelites ride off into the sunset to the Promised Land and the lights come up.

Happy Ending!

But it’s one round of major problems after another. Chapter 14, Pharaoh’s army is holding a knife to your throat. Chapter 15, you run out of water. Chapter 16, you run out of food. Chapter 17 you run out of water again and you get attacked by the Amalekites.

Why does God allow so much adversity? It’s like with every problem that gets solved, suddenly you’re looking at something else that seems even worse.

It doesn’t take much to get to a place where you feel like nothing ever really gets done. No matter how many times you cry out to the Lord, it’s like there’s nothing there and you’re just engaging in what amounts to a pointless exercise that does nothing more than give you a false sense of encouragement.

But then, after the dust settles, you realize, after looking back, that some things have changed. You’re compelled to revisit some major breakthroughs and resolutions that, at the time, were major headlines in your life and you were thanking God and celebrating His Reality!

Perhaps, it’s healthy to imagine God asking you in your moment of need, “Why are you crying out to me?”

“Have you forgotten all that I’ve done?”

“Do you remember the empty tomb?”

“Have you forgotten Who I am?”

No. No, Lord. I’ve not forgotten and You’re right. I need to take a breath and be mindful of, now just what You’ve done, but Who it is I’m talking to.

But why can we not just take care of “this” once and for all? Why do I feel compelled to come back to You with a different scenario, but, more often than not, the same problem?

Why did You let the Israelites go thirsty? Why do You let them go hungry? Yes, You provided for them, but not before they got to a place where they were desperate. Why does it have to get to a place where people are hurting before You move?

Maybe it’s because no one is asking God for help until they’ve exhausted all their resources and they’re compelled to remember, “…from whence cometh my help.” (Ps 121:1)

Or perhaps it’s because it’s only when you’re having to exercise the muscle of genuine faith, that muscle actually grows.

JD Walt in his devotional, “The Gift of Thirst,” has a great little take on this when he says…

Something about thirst creates desperation. Something about desperation focuses prayer. Something about prayers of desperation creates a context for divine breakthroughs. Something about divine breakthroughs transform nominal religion into blazing faith. Something about blazing faith changes not just one life but transforms entire communities and traverses up and down generational lines. 

God always has a point and some of the greatest breakthroughs, which are also the greatest times of growth, happen only after some of the greatest trials. A.W. Tozer once said,”It is doubtful whether God can bless a man greatly until he has hurt him deeply.”

You see that in James 1:2-4:

Consider it pure joy, my brothers and sisters, whenever you face trials of many kinds, because you know that the testing of your faith produces perseverance. Let perseverance finish its work so that you may be mature and complete, not lacking anything. (Jas 1:2-4)

Why does it have to be so difficult? Because sometimes that’s the only way you can see Him for Who He is and be able to benefit from all that He does.