Trump is Not a Convicted Felon

Everyone is saying that Pres. Donald Trump is a convicted felon, now that he has been sentenced. Of course they have been saying it for eight months, every since the NY jury verdict. The judge has been sitting on the case since then.

Here is what the judge said, last week:

this court has determined that the only lawful sentence that permits entry of a judgment of conviction without encroaching upon the highest office in the land is an unconditional discharge

Under federal gun law, a felon cannot have a gun, and felony is defined as a crime punishable by more than a year. Not that the sentence is for more than a year, but a guilty verdict for a crime whose maximum punishment is more than a year in prison.

The judge said that Trump's crime does not allow any prison time at all, under the law. So I think that it should not be considered a felony.

Furthermore, analysis depends on a subtle distinction between the words dismiss and discharge. Everyone agrees that if the judge had said "dismiss", then Trump would be innocent, and free of any conviction. The judge said "discharge", which is nearly a synonym.

Trump says he will appeal, but the appeals court could say that the case is moot. Trump received no punishment, and there is nothing to appeal.

There is a legal principle that says that if two outcomes are functionally the same, then trivial differences in wording should not matter for any legal purpose. Here, dismiss and discharge are functionally the same. So the case should be the same as if it were dismissed, to Trump.

Here is a version of that principle:

"De minimis non curat lex" is a Latin phrase that translates to "the law does not concern itself with trifles." This means that the law typically does not get involved in minor issues or insignificant matters. Imagine a situation where someone accidentally spills a little coffee on a friend's shirt. While it might be annoying, it’s not something that would warrant a legal battle. This principle helps keep the legal system focused on more serious issues, allowing it to function more efficiently.

There is more here.

Yes, this NY case was one big trifle. Trump made some diary entries that were of no consequence to anyone. There can be no punishment for what he did. It was like spilled coffee on a shirt. It was just blown out of all proportion by Trump haters.

I am not saying Trump did anything wrong. He described a legal expense as a legal expense. I am saying that even if you accept the jury verdict that he did something wrong, it was a trifle, according to the judge. The judge could have fined him $1 to show that Trump deserved some minimal punishment, but he did not even do that.