.png)
2 months ago
75 ARTICLE AD
UPDATE:
Back in the White House soon, Donald Trump looks to have succeed in his quest to stay out of prison.
The former and future president won’t be sentenced on Tuesday in the New York criminal case that saw him convicted in May for falsifying business records to make and conceal hush-money payments to adult entertainer Stormy Daniels.
The judge in the case, Juan Merchan, on Friday morning said sentencing is “adjourned” and granted motions from both parties to argue for and against a dismissal of Trump’s conviction, setting aside the November 26 sentencing date that was chosen before the former president was re-elected.
Trump’s defense team — which now consists of two lawyers, Todd Blanche and Emil Bove, nominated to positions in his Justice Department — have until December 2 to file a motion arguing for dismissal. Manhattan District Attorney Alvin Bragg has until December 9 to respond. Bragg’s office has already petitioned for the conviction to stand even if sentencing wouldn’t happen until after Trump leaves office in 2029.
In case, you’re not picking up what’s going down, Judge Merchan did not offer a new sentencing date in his order this morning.
PREVIOUSLY, NOV. 19 AM: Prosecutors said that they would agree to pause Donald Trump’s sentencing in his New York hush money trial as the president-elect’s attorney pursue a dismissal of his conviction, even suggesting that a delay would extend until after the incoming president’s term.
The sentencing was scheduled for Nov. 26, and Judge Juan Merchan is weighing the impact of a Supreme Court decision on presidential immunity for official acts.
Trump was found guilty of 34 felony counts related to hush money payments made to porn actress Stormy Daniels in advance of the 2016 election.
New York District Attorney Alvin Bragg wrote in a letter to the judge that they “would not oppose a defense motion for a stay” as Trump’s team seeks a motion to dismiss. Bragg, though, wrote that they intend to oppose a motion to dismiss.
Trump’s legal team argued that his conviction should be dismissed on the grounds that he has legal immunity as president-elect, among other things.
Bragg wrote that they “deeply respect the office of the president, are mindful of the demands and obligations of the presidency, and acknowledge that [Trump’s] inauguration will raise unprecedented legal questions. We also deeply respect the fundamental role of the jury in our constitutional system.”
Bragg added, “No current law establishes that a president’s temporary immunity from prosecution requires dismissal of a post-trial criminal proceeding that was initiated at a time when the defendant was not immune from criminal prosecution and that is based on unofficial conduct for which the defendant is also not immune. Rather, existing law suggests that the court must balance competing constitutional interests and proceed ‘in a manner that preserves both the independence of the executive and the integrity of the criminal justice system.'” The latter quote came from a Supreme Court ruling on whether Trump had to turn over his tax records to Bragg’s predecessor, Cyrus Vance Jr.
Bragg also wrote that “given the need to balance competing constitutional interests, consideration must be given to various non-dismissal options that may address any concerns raised by the pendency of a post-trial criminal proceeding during the presidency, such as deferral of all remaining criminal proceedings until after the end of Defendant’s upcoming presidential term.”
Steven Cheung, Trump’s communications director, said in a statement, “This is a total and definitive victory for President Trump and the American people who elected him in a landslide. The Manhattan DA has conceded that this Witch Hunt cannot continue. The lawless case is now stayed, and President Trump’s legal team is moving to get it dismissed once and for all.”
Dominic Patten contributed to this report
