Former Republican South Carolina Rep. Trey Gowdy said Friday on Fox News that President-elect Donald Trump’s “silver lining” is that he can have a strong appeal in his New York conviction, following his updated sentencing schedule set by Judge Juan Merchan.

Merchan released his filing Friday, ordering Trump to be sentenced 10 days before his inauguration on Jan. 20, writing that there is “no legal impediment” to impose the former president’s sentencing. On “Special Report With Bret Baier,” Gowdy was asked about the judge’s decision and recalled how he had been in the courtroom for a period of time during the trial.

“I’ve been in a lot of courtrooms. I’ve had bad judges and good judges, but at least they were the same for both sides. This judge, I’ve never seen anything like it, Brett. I mean, the strike zone was like the size of a gnat’s cotton ball for the defense, but it was a big strike zone for the prosecution. So I’m not surprised that he would take one more shot,” Gowdy said.

“Here’s the silver lining though. Now that the case will be over, the sentencing is what ends his involvement, then he can perfect his appeal, President Trump. He can appeal all the evidentiary issues,” Gowdy said. “I get the unfairness that I’m sure he feels right now, and it was an unfair trial. You stop and think of the issues going on in New York right now, and you’re going to take time to prosecute a bookkeeping error. So I get the unfairness, but, in the long run, he, I think, is better off having this in the rear view mirror than in the windshield, despite the unfairness [from] Juan Merchan.”

Baier asked Gowdy to clarify his response, asking if he believes the sentencing could open “the door to a pretty solid appeal.”

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“You have to have a sentencing before you can appeal trial errors. We would have been in a state of limbo had he sentenced him after his term ended in 2029. This way he can perfect his appeals,” Gowdy said. “If he wins on appeal, he also can make this a political issue in the midterms. I mean, I think one of the reasons he was elected is people are tired of the Alvin Braggs of the world. You have people being set on fire in New York, and you’re going to tell your prosecutors to go pursue a bookkeeping error?”

“It’s going to be a political issue in the midterm,” Gowdy added. “So I get, nobody wants to be a convicted felon except some hip hop stars. The rest of us don’t want to be, but if you’re going to be one, be one now and don’t have it hanging over your head while you’re serving as president.”

In late May, Trump was found guilty on all 34 felony counts brought forward by Bragg, the Manhattan Democratic district attorney, who said Trump allegedly falsified business records over a nondisclosure payment to porn star Stormy Daniels following the 2016 election. While Trump’s sentencing had been set for July 11, the U.S. Supreme Court released its ruling on his presidential immunity case on July 1, triggering a setback in the sentencing schedule.

Trump won the presidential election in early November. Merchan ruled on Nov. 22 that Trump’s sentencing would be indefinitely delayed, with Trump’s attorneys arguing for the case to be dismissed immediately “in order to facilitate the orderly transition of executive power following President Trump’s overwhelming victory in the 2024 presidential election.”

According to Merchan’s recent update, Trump will be allowed to appear virtually for the sentencing. However, Trump Communications Director Steven Cheung said Friday that there should be “no sentencing” to begin with.

Featured Image Credit: North Charleston from North Charleston, SC, United States

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