Trump Sentencing Delayed Two Months, 'If Such Is Still Necessary'
SCOTUS result likely deflated lawfare campaigns
After the US Supreme Court granted Donald Trump immunity for official acts committed in office, the former president initiated an effort to vacate his recent conviction in Manhattan and delay his upcoming sentencing on 34 felony counts that were associated with his cover-up of a sex scandal prior to the 2016 US election.
In a letter to judge Juan Merchan, Trump's attorneys requested permission to submit a motion to set aside the verdict while Merchan evaluates the impact of the Supreme Court ruling on the conviction, just hours after the Supreme Court ruling and 10 days prior to his scheduled sentencing.
Interestingly, New York prosecutors agreed to a delay.
Nevertheless, Trump's endeavor may be a long shot, as the Manhattan case pertains to actions that Trump committed as a candidate, rather than as president.
However, as the New York Times reports, Trump's attorneys are expected to contend that prosecutors partially constructed their case using evidence from his tenure in office. Prosecutors are prohibited from charging a president for official acts, and they are also prohibited from using evidence related to official acts to substantiate other accusations, as per the Supreme Court's recent decision.
It is unclear how the Manhattan district attorney’s office, which brought the case, will respond, or whether the judge will delay the first sentencing of an American president. But Mr. Trump’s effort appeared to cause at least a brief interruption: The district attorney’s office did not on Monday make a sentencing recommendation to the judge about whether to imprison Mr. Trump, as was expected.
Merchan may also choose to postpone the request, as the deadline for filing post-trial motions expired last month.
ZeroHedge reports,
Merchan may also punt on the request, as the deadline for filing post-trial motions ended last month. Instead, Merchan may instruct Trump's attorneys to raise the issue when they appeal the conviction post-sentencing.
As the Times further notes, Merchan faces an 'unprecedented conundrum' with massive legal and political ramifications. Imprisoning Trump would drop-kick a hornet's nest, while sparing Trump from prison would immediately draw the wrath of vengeful Democrats who say he gave Trump special treatment.
While there's no requirement that Trump be sentenced to time behind bars, Merchan could sentence him to months or several years in prison - or he could be sentenced to home confinement or probation. He could also postpone any sentence until after the election, or after Trump serves another term in office, should be he reelected.
Meanwhile, Trump's other criminal cases have been largely derailed or otherwise postponed - including his trial in Washington DC, where he stands accused of mishandling classified information while still in office.
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Justin Deschamps is a researcher, omniologist, podcaster, and business consultant who has committed himself to restoring the knowledge, reason, and goodwill that helped the founding fathers create the greatest nation on earth.