With a guilty verdict in hand, sentencing against former President Donald Trump for his conviction of federal election laws by a New York City jury has been scheduled for July 11, just four days before the Republican National Convention that begins July 15 in Milwaukee, Wis.
The goal is to force Republicans to nominate Trump potentially from jail, or else replace him as the nominee with a dark horse candidate nobody wants.
Why else prosecute federal election law to masquerade as a felony under New York State law — in clear violation of the Article VI constitutional supremacy clause — and schedule sentencing ahead of the convention if not to imprison Trump and force the question on the Republican Party?
Best not to find out.
Instead, the Trump campaign and the Republican National Committee and Convention should simply switch the circumstances around: Nominate Trump in late June or earlier in July and force New York to openly imprison the Republican presidential nominee if that’s what they really want to do.
If the goal is to destroy the delicate constitutional framework that keeps the civil society together, the city and state of New York should not be allowed to rely on half measures.
Make New York openly imprison the opposition party’s leader in an election year. If we’re going to establish a dictatorship, make Trump’s opponents formally go through the motions. Force New York to do it in the open: Lock up the Republican nominee for president.
Instead of the headline, “Republicans nominate jailed felon” the headline will be “New York Democrats imprison Republican nominee”. This is all about narratives, right?
After all, the GOP primary was never really in question anyway.
After the June 4 primaries in Montana, New Jersey, New Mexico and South Dakota, Trump will have won 49 out of 50 states in the Republican primaries and caucuses that have taken place — with approximately 76 percent of the vote — an historic landslide in a competitive primary only topped by Al Gore’s 50-state sweep in 2000 against Bill Bradley system the modern primary system began in 1972, with 75.8 percent of the vote.
Republicans still want Trump — and New York should not be allowed to influence that question.
Trump’s 2024 win in the GOP primary is juxtaposed with far more competitive contests in the past: In 2016, Trump only garnered 44.9 percent of the vote in the primaries to Ted Cruz’ 25.1 percent, winning 37 states. In 2012, Mitt Romney got 52.1 percent, winning 38 states. In 2008, John McCain got 46.7 percent, winning 31 states. In 2000, George W. Bush got 62 percent, winning 43 states. In 1996, Bob Dole got 58.8 percent, winning 44 states. In 1988, George H.W. Bush got 67.9 percent, winning 42 states. And in 1980, Ronald Reagan got 59.8 percent, winning 44 states.
Clearly the incumbency advantage as a former president assisted Trump’s decisive win against former South Carolina Gov. Nikki Haley, Florida Gov. Ron DeSantis, Vivek Ramaswamy and South Carolina Sen. Tim Scott, who have all since dropped out and endorsed Trump.
Nobody is contesting the Republican nomination, but upon sentencing and imprisonment on July 11, there will be a last-minute push to overturn the results of the primary at the convention itself as Trump is denied the opportunity to accept the nomination in person.
“Trump can’t run from jail!” “If convicted felons can’t vote, how can they run for president?” are already the cat calls.
The answer is: As a matter of self-preservation, Republicans have to find a way to navigate those questions.
Right now, Trump is the presumptive nominee, and so the “lock him up” caucus will rely on that to attempt to influence the Milwaukee convention until the bitter end. Instead, the Republican National Committee can change the conditions: Move the nomination ahead of the convention and force New York Democrats to openly imprison the opposition party leader ahead of the election — if they dare.
Robert Romano is the Vice President of Public Policy at Americans for Limited Government Foundation.
