A NY judge grants Trump's request to halt court deadlines and sentencing, marking a triumph for the president-elect.
Up to four years in a New York prison could have been the consequence of the 34 convictions earned by Trump.
The Manhattan judge granted a stay on all deadlines associated with the felony conviction proceedings against President-elect Donald Trump, allowing him to avoid a maximum sentence of up to four years in prison.
Judge Juan Merchan, who is presiding over the case, granted a request for a stay on all deadlines, including the Nov. 26 sentencing date, to consider the impact of his election as president.
Trump's team had also filed a motion to vacate the charges.
In May, a Manhattan jury found Trump guilty of 34 counts of falsifying business records related to payments made to Stormy Daniels.
Earlier this year, Merchan agreed to a four-month delay in court proceedings, postponing the next steps until after the 2024 presidential election.
He had set November 12 as a deadline for himself to determine the best course of action.
The Supreme Court ruled in July that presidents should have immunity in court convictions.
The Supreme Court ruled that presidents have absolute immunity from any actions taken within the scope of their "core constitutional powers" as commander-in-chief.
Other actions taken while holding office are also protected by a certain level of immunity, it was stated.
The sentencing hearing for the 34 convictions, previously set for Nov. 26, is separate from the Nov. 12 deadline.
Merchan set a deadline for himself to evaluate Trump's claims of presidential immunity and whether the Supreme Court's July ruling on immunity should apply to the state level.
If Trump's convictions are upheld, he has several options to appeal or have the charges against him dismissed before the November 26 sentencing hearing, increasing the likelihood that he will avoid any time in prison.
Trump's lawyers had previously attempted to move the case from state to federal court, but failed. However, their current request to elevate the case to federal court holds more significance due to Trump's status as president-elect.
Trump's lawyers may appeal the convictions before his sentencing hearing, citing the Supreme Court's immunity ruling as a reason to dismiss the charges.
The defense team in the New York case may utilize the immunity claim to dismiss certain pieces of evidence presented by prosecutors, including the testimony of former White House communications director Hope Hicks.
Legal analysts and former prosecutors have unanimously agreed that Trump will not be imprisoned for his convictions.
According to Andrew McCarthy, a former U.S. prosecutor for the Southern District of New York, Trump will not be going to prison even if Merchan sentences him to incarceration, as the charges are not serious enough under New York law to warrant immediate detention. Trump will receive bail pending appeal.
If Merchan had remained in his position, he could have sought additional guidance from Manhattan District Attorney Alvin Bragg on whether Trump should be submitted to state convictions as a sitting president, a question that has never been tested.
If Trump were convicted, his legal team would likely appeal to the Supreme Court.
A Justice Department policy prevents U.S. attorneys from prosecuting a sitting president, which shields Trump from federal convictions.
Judge Merchan has more leeway in deciding how to proceed in this case because this precedent has never been applied to state convictions.
After Special Counsel Jack Smith filed a motion to vacate all deadlines in the 2020 election interference case against President-elect Trump in Washington, D.C., he made a decision.
In 2022, Attorney General Merrick Garland appointed Smith to investigate allegations that Trump and his allies attempted to overturn the 2020 election results and that Trump kept allegedly classified documents at his Florida residence after leaving the White House in 2020.
Although the charges against Trump have not been officially dropped, the special counsel seems to be leaning towards that possibility, and Smith stated that his team will provide an updated report on the official status of the case on Dec. 2.
Bill Barr, the former Attorney General, stated on Planet Chronicle Digital that state and local prosecutors and judges should abandon the "theatrical" approach to prosecuting the president-elect.
politics
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