The Scarlet F: Trump’s Mark of Shame that Nothing Can Erase

Nathanael Hawthorn wrote in The Scarlet Letter: “To the untrue man, the whole universe is false- it is impalpable- it shrinks to nothing within his grasp. And he himself is in so far as he shows himself in a false light, becomes a shadow, or, indeed, ceases to exist.”

Those words are a fitting description of Donald Trump and his imaginary world which he buttresses with lies, fraud, and crimes, for which he cannot admit the existence of the truths of the entire universe. He dreams that the world is his, but he is doomed to failure as it shrinks to nothing as he tries to possess it. Surrounded by a court of sycophants and yes men who he owns and will as his cult will never tell him the truth, as well as men who will use him to further their own power and interests, men like Elon Musk and Vladimir Putin.

Trump attended President Jimmy Carter’s state funeral at the National Cathedral where he was mostly shunned by the other former presidents. He left the event only to have his evening ruined by the Supreme Court, which refused to intervene in New York State Judge Juan Merchan’s sentencing hearing for the 34 felony counts that he was convicted in 2024.

Merchan issued a ruling which sentenced Trump to “unconditional discharge” which meant that he did not impose a prison sentence, house arrest, or monetary fine, but declared him a felon based on the 34 felony counts for which he was found guilty. Trump is now the only President to enter office as a convicted felon. The ruling cannot be overturned, and because it is from a state court, he cannot pardon himself nor receive a pardon from any future president.

After hearing from the prosecutor, Trump’s defense attorney, and Trump himself, Judge Merchan made these remarks which I post in their entirety:

“Mr. Trump, you appear before this court today to conclude this criminal proceeding by the imposition of sentence. Although I have taken the unusual step of informing you in advance of my inclinations before imposing sentence, I believe it is important for you as well as those observing these proceedings to understand my reasoning for the sentence I am about to impose.

The imposition of sentence is one of the most difficult and significant decisions that any criminal court judge is called upon to make. Our legislature sets the parameters for an authorized sentence, but it is a judge that must decide what constitutes a just conclusion to a verdict of guilty. A court is vested with broad discretion in determining what sources or evidence you may consider to arrive at an appropriate sentence. In doing so, the court must consider the facts of the case, along with any aggravating or mitigating circumstances.

In my time on the bench, I've been called upon to grapple with this weighty responsibility for countless defendants who have been found guilty after trial for an assortment of offenses ranging from nonviolent, class-E felonies to the most heinous of crimes, including homicides, sex trafficking, and child sexual abuse. The task is always difficult and deserving of careful consideration, whether the sentence be an unconditional discharge or incarceration of 25 years to life.

However, never before has this court been presented with such a unique and remarkable set of circumstances. Indeed, it can be viewed fairly that this has been a truly extraordinary case. There was unprecedented media attention, public interest, and heightened security involving various agencies. And yet, the trial was a bit of a paradox, because once the courtroom doors were closed, the trial itself was no more special, unique or extraordinary than the other 32 criminal trials that took place in this courthouse at the same exact time.

Jury selection was conducted. The same rules of evidence were followed. Opening statements were made, witnesses called and cross-examined, evidence presented, summations delivered. The same burden of proof was applied, and a jury made up of ordinary citizens delivered a verdict, and it was all conducted pursuant to the rules of procedure and guided by the law. Of course, part of what made it feel somewhat ordinary was the outstanding work, preparation and professionalism of the clerks, court officers, court reporters, security personnel, and the entire staff of this building who did their jobs as they would with any other criminal trial.

So, while one can argue that the trial itself was in many respects somewhat ordinary, the same cannot be said about the circumstances surrounding this sentencing, and that is because of the office you once occupied and which you will soon occupy again. To be sure, it is the legal protections afforded to the Office of the President of the United States that are extraordinary, not the occupant of the office. The legal protections, especially within the context of a criminal prosecution afforded to the Office of the President, have been laid out by our founders, the Constitution, and most recently interpreted by the United States Supreme Court in the matter of Trump v. The United States, which was decided on July 1st, 2024.

As with every other defendant in your position, it is my obligation to consider any and all aggravating or mitigating factors to inform my decision. Some of those aggravating factors have already been articulated in my Sandoval ruling at the start of this trial and by my recent written decisions on December 16th and January 3rd. Thus, they need not be repeated at this time. However, the considerable, indeed extraordinary legal protections afforded by the office of the Chief Executive is a factor that overrides all others.

To be clear, the protections afforded to the office of the president are not a mitigating factor. They do not reduce the seriousness of the crime or justify its commission in any way. The protections are, however, a legal mandate which, pursuant to the rule of law, this court must respect and follow. However, despite the extraordinary breadth of those protections, one power they do not provide is a power to erase a jury verdict.

It is clear from legal precedent -- which until July 1st was scarce -- that Donald Trump, the ordinary citizen, Donald Trump, the criminal defendant, would not be entitled to such considerable protections. I'm referring to protections that extend well beyond those afforded the average defendant who winds their way through the criminal justice system each day. No, ordinary citizens do not receive those legal protections. It is the Office of the President that bestows those far-reaching protections to the office holder, and it was the citizenry of this nation that recently decided that you should once again receive the benefits of those protections, which include, among other things, the Supremacy Clause and presidential immunity. It is through that lens and that reality that this court must determine a lawful sentence.

After careful analysis in obedience to governing mandates and pursuant to the rule of law, 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, which the New York State Legislature has determined is a lawful and permissible sentence for the crime of falsifying business records in the first degree.

Therefore, at this time I impose that sentence to cover all 34 counts.

Sir, I wish you Godspeed as you assume your second term in office. Thank you.“

With those words Judge Merchan imposed the mark of the Felon on Trump. Of course, to his cult, that doesn’t matter for they are hopelessly devoted to him unto the death. Nor will it change what he is about to do to our country and the world. However, it does remind us that he can be defeated by men and women of decency and honor who observe the law, not the illegal and immoral laws that he will declare by his executive orders. Judge Merchan showed us that resistance and refusing to cave to Trump’s threats is not futile.

The only thing that I wish that Judge Merchan been able to impose was the have that “F” carved into Trump’s forehead by someone like Lieutenant Aldo “the Apache” Raine of the Inglourious Basterds. That I would like to see him wear on his forehead where in front of every audience, every billionaire, every foreign dignitary, and even his cult he would not be able to hide it, no matter how expensive his clothes are or how down he pulls the red MAGA hat over his orange face, it would remain.

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Thank you so much for reading and I hope that we can grow together in the looming peril of the new year.