Judge Merchan Could Dismiss the Case Against Trump

To say that Manhattan District Attorney Alvin Bragg's case against Donald Trump hasn't gone well is an understatement.

And that's saying a lot, considering it's been clear from the beginning that the deck was stacked against Trump. Experts have consistently noted that the Soros-funded Bragg bootstrapped misdemeanor charges, which usually result in a fine, into felony charges. Add to that, Trump also has to face Judge Juan Merchan, a blatantly partisan jurist who has previously donated to the Biden campaign. And all this is happening in a partisan jurisdiction where a fair trial seems nearly impossible for the former president.

Related: Michael Cohen’s Bombshell Admission Puts Alvin Bragg’s Case Against Trump in Disarray

Yet, even pro-Biden news networks can't deny that things look really good for Trump right now.

On Thursday, CNN's Anderson Cooper — no fan of Trump, I should point out — was taken aback by how effectively Trump's lawyer, Todd Blanche, exposed Cohen's lies, severely damaging his credibility in front of the jury. Then, on Monday, Cohen admitted on the witness stand during cross-examination that he stole tens of thousands of dollars from the Trump Organization.

In the wake of the prosecution resting its case following Michael Cohen's disastrous testimony, Judge Merchan is expected to rule Tuesday morning on a motion from Trump's defense attorneys to dismiss the case. 

Fox News has more.

At the end of court for the day, Trump defense attorney Todd Blanche asked for an immediate order of dismissal, saying there is "no evidence" that the filings or business records at the center of the case were false, that there are "absolutely no false business filings."

Blanche said there is no dispute that Cohen acted as a personal attorney for Trump in 2017 and that there is no evidence or intent by Trump to mislead, hide or falsify business records.

Blanche said there would be records of intent to defraud, if they existed, and that there were no other crimes being covered up. He said there was no evidence of anyone thinking of a campaign finance charge when the payment was made to Stormy Daniels or when Cohen and then-Trump Organization CFO Allen Weisselberg developed the repayment plan.

Blanche said Trump paid Cohen a $35,000 "monthly retainer," which is what the records state, and said there is no evidence from any witness to prove any criminal intent. 

Reflecting on the prosecution’s case, Blanche pointed to the alleged "catch and kill" strategy used to prevent a "demonstrably false" story a Trump Tower doorman had about Trump from being published.

"How on Earth is keeping a false story from voters criminal?" Blanche asked, adding it was "not a catch and kill and certainly not a criminal catch and kill."

Blanche argued that the case should not go to the jury with Cohen's testimony, citing Cohen's history of lying under oath, including during the current trial. Merchan asked Blanche whether he should legally find Cohen not credible and take the case out of the jury’s hands, to which Blanche agreed. Merchan countered that if Cohen's lies were irrefutable, Blanche should convince the jury of that. 

So it seems unlikely that Merchan will dismiss the case. Frankly, the time to do that was a long time ago. Merchan, whose conduct has reflected his blatant partisanship, may know deep down that the case should be dismissed, but he isn't about to be the man who set Trump free.