No. of Recommendations: 1
That presents all kinds of issues. Can a court impose a sentence on a President-elect that would give the court continuing power to throw him in jail once he takes office? Marchan probably doesn't have the power to sever that ability from himself - if he sentences Trump to any fine, he automatically is giving himself that continuing enforcement jurisdiction until the sentence is fully served.
How about a fine that isn't payable until January 21, 2029?
Yes, technically that would continue to give the NY courts power over Trump during his presidency. But there is nothing that could actually trigger that power until after he is out of office. He can't violate the order, since the order doesn't require any action while he is President. Hopefully, it would trigger the convict's appeal rights just as this no-punishment sentence does.
Or in a similar vein, how about a sentence that requires a certain number of hours of public service - as is commonly done. Merchan could even specifically agree that serving in an elected office would satisfy that service. Again, technically leaves the court with power, but really hard to have a violation that would trigger the power.
--Peter
