The President-Elect Is a Felon, but His Sentence Carries No Penalty

Arms crossed, scowl set, President-elect Donald J. Trump avoided jail, but became a felon.

Mr. Trump appeared virtually at his criminal sentencing on Friday from his Mar-a-Lago estate in Florida, more than 1,000 miles away from the chilly Manhattan courtroom where his case was called for a final time. Projected on a 60-inch screen, his image loomed over the gallery as a prosecutor recounted his crimes and a judge imposed his sentence.

Mr. Trump once faced up to four years in prison for falsifying business records to cover up a sex scandal, but on Friday, he received only a so-called unconditional discharge. The sentence, a rare and lenient alternative to jail or probation, reflected the practical and constitutional impossibility of jailing a president-elect.

It nonetheless carried symbolic significance, capping a yearslong ordeal that consumed Mr. Trump as a weary nation reckoned with the prospect of a criminal president. Once the sentencing concluded, it cemented his status as the first felon to occupy the Oval Office.

“Never before has this court been presented with such a unique and remarkable set of circumstances,” said the trial judge, Juan M. Merchan, who has felt the brunt of Mr. Trump’s rage over the case the past two years. “This has been a truly extraordinary case.”

It was also “a bit of a paradox,” he said, as the somber ritual of sentencing testified to both the supremacy and limits of presidential power.

Problem is ...as I understand it...is that funding for this is not authorized and therefore prohibited. Has to be fixed,

You are absolutely correct.

Congress has imposed restricted funding since 1992, and in 1993 somewhat unsurprisingly carved out an exception allowing BATF to use appropriated funds to process requests submitted by corporations, which are treated as persons under this law. Challenges in court have repeatedly failed due to want of jurisdiction.

Example of statuite with funding for corporations included:

1994 Treasury Appropriations Act, 107 Stat at 1228-29 [very long PDF]

Provided, That none of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal firearms disabilities under 18 U.S.C. 925(c): Provided further, That such funds shall be available to investigate and act upon applications filed by corporations for relief from Federal firearms disabilities under 18 U.S.C. section 925(c): Provided further, That no funds made available by this or any other Act may be used to implement any reorganization of the Bureau of Alcohol, Tobacco and Firearms or transfer of the Bureau’s functions, missions, or activities to other agencies or Departments in the fiscal year ending on September 30, 1994: Provided further, That no funds appropriated herein shall be available for salaries or administrative expenses in connection with consolidating or centralizing, within the Department of the Treasury, the records, or any portion thereof, of acquisition and disposition of firearms maintained by Federal firearms licensees.

The Federal statute directly authorizes the Attorney General to grant requested relief. As all executive authority is vested in one President, and all BATF authority is delegated from the President, the President may choose to authorize the Attorney General to approve applications. Then no BATF funds would be expended. Doesn't seem any crazier than some of the Biden adventures.

I suppose Congress could further restrict funding, but not before Trump was granted relief by the AG.

18 U.S.C. § 925(c) states, "(c) A person who is prohibited from possessing, shipping, transporting, or receiving firearms or ammunition may make application to the Attorney General for relief from the disabilities imposed by Federal laws with respect to the acquisition, receipt, transfer, shipment, transportation, or possession of firearms, and the Attorney General may grant such relief...."

Here's an example of corporate relief being granted:

https://www.federalregister.gov/documents/2017/08/17/2017-17410/granting-of-relief-federal-firearms-privileges

Granting of Relief; Federal Firearms Privileges
A Notice by the Alcohol, Tobacco, Firearms, and Explosives Bureau on 08/17/2017
Department of Justice
Bureau of Alcohol, Tobacco, Firearms, and Explosives
[Docket No. ATF 2017R-13]
AGENCY:
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Department of Justice (DOJ).
ACTION:
Notice of granting of restoration of Federal firearms privileges.
SUMMARY:
Action Manufacturing Company (Action), has been granted relief from the disabilities imposed by Federal laws by the Director of ATF with respect to the acquisition, receipt, transfer, shipment, transportation, or possession of firearms.
FOR FURTHER INFORMATION CONTACT:
Vivian S. Chu, Enforcement Programs and Services; Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice; 99 New York Avenue NE., Washington, DC 20226; telephone (202) 648-7070.
SUPPLEMENTARY INFORMATION:
The Attorney General is responsible for enforcing the provisions of the Gun Control Act of 1968 (GCA), 18 U.S.C. Chapter 44. He has delegated that responsibility to the Director of ATF, subject to the direction of the Attorney General and the Deputy Attorney General. 28 CFR 0.130(a). ATF has promulgated regulations that implement the provisions of the GCA in 27 CFR part 478.
Section 922(g) of the GCA prohibits certain persons from shipping or transporting any firearm in interstate or foreign commerce, or receiving any firearm which has been shipped or transported in interstate or foreign commerce, or possessing any firearm in or affecting commerce. These prohibitions apply to any person who—
(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
(2) Is a fugitive from justice;
(3) Is an unlawful user of or addicted to any controlled substance;
(4) Has been adjudicated as a mental defective or committed to a mental institution;
(5) Is an alien illegally or unlawfully in the United States; or with certain exceptions, aliens admitted to the United States under a nonimmigrant visa;
(6) Has been discharged from the Armed Forces under dishonorable conditions;
(7) Having been a citizen of the United States, has renounced U.S. citizenship;
(8) Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or
(9) Has been convicted in any court of a misdemeanor crime of domestic violence.
The term “person” is defined in section 921(a)(1) as including “any individual, corporation, company, association, firm, partnership, society, or joint stock company.” Section 925(c) of the GCA provides that a person who is prohibited from possessing, shipping, transporting, or receiving firearms or ammunition may make application to the Attorney General to remove the firearms disability imposed under section 922(g) “if it is established to his satisfaction that the circumstances regarding the disability, and the applicant's record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest.” The Attorney General has delegated the authority to grant relief from firearms disabilities to the Director of ATF.
Section 925(c) further provides that “[w]henever the Attorney General grants relief to any person pursuant to this section he shall promptly publish in the
Federal Register
notice of such action, together with the reasons therefor.” Regulations implementing the provisions of section 925(c) are set forth in 27 CFR 478.144.
Since 1992, Congress has prohibited ATF from expending appropriated funds to investigate or act upon applications for relief from federal firearms disabilities. However, since 1993 Congress has authorized ATF to expend appropriated funds to investigate and act upon applications filed by corporations for relief from Federal firearms disabilities.
An application to ATF for relief from Federal firearms disabilities under 18 U.S.C. 925(c) was submitted for Action. In the matter under review, Action was convicted in Federal court of crimes punishable by imprisonment for a term exceeding one year. Specifically, Action was convicted on May 21, 2014, in the United States District Court for the Eastern District of Pennsylvania, for violations of 42 U.S.C. 6928(d)(2) and 49 U.S.C. 5124.
Pursuant to 18 U.S.C. 925(c), on May 22, 2017, Action was granted relief by ATF from the disabilities imposed by Federal law, 18 U.S.C. 922(g)(1), with respect to the acquisition, receipt, transfer, shipment, transportation, or possession of firearms as a result of these convictions. It has been established to ATF's satisfaction that the circumstances regarding Action's disabilities and its record and reputation are such that Action will not be likely to act in a manner dangerous to public safety, and that the granting of the relief would not be contrary to the public interest.
Date Approved: August 7, 2017.
Thomas E. Brandon,
Acting Director.
[FR Doc. 2017-17410 Filed 8-16-17; 8:45 am]
BILLING CODE P4410-FY-P
Published Document: 2017-17410 (82 FR 39134)

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