New York Judge Delays Sentencing for President-Elect Trump in Federal Criminal Case

ICARO Media Group
Politics
22/11/2024 18h26

Judge Juan Merchan announced the adjournment of the planned November 26 sentencing, allowing Trump's legal team to file a motion to dismiss the charges.

This delay marks another legal win for Trump, who is set to return to the White House in January. This follows a trend, as other criminal trials against him have also experienced delays. The case has seen numerous filings from District Attorney Alvin Bragg, who prosecuted Trump, and from Trump's lawyers, both of whom have expressed interest in further delaying the sentencing. They will debate whether the case should be dismissed or if the prosecution against the president-elect should continue.

Following Trump's conviction, a U.S. Supreme Court ruling in a separate case stated that presidents have immunity for official acts performed while in office. Trump's legal team has argued that witness testimonies and evidence from the hush-money case, involving actions taken while he was president, fall under this immunity and should be excluded from prosecution. Bragg countered that the jury’s deliberations, which occurred before the Supreme Court's July ruling, should still be considered. However, prosecutors acknowledged the unique legal questions arising from Trump's impending inauguration and suggested that sentencing could be deferred until after his term ends in 2028.

Judge Merchan’s order also established a timetable for Trump's motion to dismiss the case. Trump's attorneys must submit their motion by December 2, with prosecutors required to respond by December 9. Trump made history in May as the first former or sitting U.S. president to be convicted on criminal charges, found guilty on 34 felony counts of falsifying business records.

Since the verdict, Trump's legal team has secured several post-verdict legal victories, including two sentencing postponements, one of which aimed to avoid political motivations by delaying until after Election Day. The conviction stems from a jury finding that Trump falsified business records to conceal a $130,000 payment to adult film actress Stormy Daniels, intended to influence the 2016 presidential election.

Trump has capitalized on the conviction for fundraising and campaigning, with his campaign claiming to have raised millions within 24 hours of the verdict. He regularly discusses the trial at campaign events and mentions other New York trials, including one involving civil fraud with a $450 million penalty and a civil defamation trial resulting in an $83 million judgment in favor of writer E. Jean Carroll.

In the hush-money trial, jurors heard from 22 witnesses and reviewed evidence such as phone records, invoices, and checks related to Michael Cohen, Trump’s former attorney. The prosecution needed to prove that Trump falsified these records to further another crime, specifically violating New York election law by conspiring to influence the 2016 election unlawfully.

The historic nature of the case is underscored by its timeline, with the grand jury indictment of Trump on March 30, 2023, marking the first time a former or sitting U.S. president faced criminal charges.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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