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    • 5 reasons why Trump may never be convicted in the New York hush money case
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    5 reasons why Trump may never be convicted in the New York hush money case

    Harry Posted on

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    President-elect Donald Trump There is already a lot to be happy about when it comes to him. election victoryBut there’s another reason to celebrate: Criminal sentencing in New York It may never occur.

    The reasons range from the political firestorm a sentence could stir to the new legal defenses he could put forward as the president-elect and later president.

    “The chances of him going to jail at this point are zero,” New York City criminal defense attorney and former Manhattan prosecutor Mark Bederow told USA TODAY. “He won’t sweep the subways, he won’t deliver paperwork, he won’t do public service; that’s become untenable.”

    Trump was convicted He was indicted on May 30 on 34 felony counts of falsifying business records during the 2016 presidential campaign, paying porn star Stormy Daniels to keep quiet about an alleged sexual relationship between them. potential punishment for crimes It may be nothing, or it may take various forms, such as community service or prison.

    Even before Tuesday night, the real estate mogul had a way to escape his punishment, which continues to this day It is planned to be held on November 26. Trump argued that some of the evidence heard by the jury in his trial, which ended in late May, contradicted the Supreme Court’s ruling on presidential immunity, which was later given in July, and therefore the convictions should be annulled.

    Manhattan Judge Juan Merchan is scheduled to rule on that claim on Tuesday, but Trump’s election means there may be new arguments to change the trial. Trump, for example, has twice tried to take the case out of Merchan’s hands and into federal court, arguing that federal courts are better suited to handle the legal issues he raises. this argument last failed in Septemberbut he can make a new version of it according to his choice.

    Trump campaign spokesman Steven Cheung told USA TODAY that the American people elected Trump “with an overwhelming mandate to Make America Great Again.”

    “It is now clear that Americans want an immediate end to the weaponization of our justice system, so we can unite our country and work together for the good of our nation, as President Trump said in his historic victory speech,” Cheung said. .

    Manhattan District Attorney Alvin Bragg’s office did not respond to a request for comment.

    Trump also faces criminal charges two federal lawsuits and one Georgia state lawsuitDepartment of Justice, although one of the federal cases has been appealed since it was dismissed dismissal of both federal cases In light of Trump’s election victory.

    Here are five reasons why Trump will never be impeached:

    Reason #1: The Supreme Court gave Trump a potential lifeline

    The Supreme Court’s July 1 presidential immunity decision in Trump’s federal election interference case included a section that could vacate the New York convictions.

    Five of the six Republican-appointed justices — all except Judge Amy Coney Barrett — said the jury was out in the criminal case against a former president I can’t hear various types of evidence about official presidential actions.

    Trump has since argued that even if the hush money payment to Stormy Daniels and the falsified business records were not official presidential acts, some of the evidence presented to secure both the indictment and conviction ran afoul of the Supreme Court’s ruling. For example Trump objection to former White House communications director Hope Hicks’ testimony about events during his time as president.

    Even if Trump cannot convince Merchan, he can ask the appeals court to review Merchan’s decision before any sentencing is handed down.

    Mitchell Epner, a New York prosecutor and former New Jersey federal prosecutor, said that even if Judge Merchan rules against Trump, it is “very likely” that the Nov. 26 sentencing date will be wiped from the calendar because of the immunity issue.

    He said the Supreme Court’s decision would likely give both Merchan and the appeals court pause on moving forward with sentencing before the appeal is concluded. Trump could also point to other types of cases, such as lawsuits against police officers, where challenges to immunity issues are generally not upheld. allowed to be played before trial.

    Robert McWhirter, who is running for the Democratic nomination for Arizona attorney general in 2022, wrote: Book about the US ConstitutionI wasn’t so sure. Within the scope of the standard New York rules of criminal procedureDefendants must file an appeal within 30 days of sentencing.

    “I think there should be a final sentence,” he said.

    Reason #2: Political storm

    Since Trump is the president-elect, his sentencing could also create a political storm.

    That may not seem like a legal argument, Bederow said, but it’s still context that Merchan and the appellate courts will likely consider.

    “I don’t think any judge can ignore the 800-pound gorilla in the chamber, the man who was resoundingly voted in as the next president,” Bederow said. he said. “If (Merchan) punishes him, this country will fall even further apart.”

    Reason #3: Legal barriers based on choice

    Trump’s election victory gives him new legal arguments in the fight against the penalties. The Supreme Court’s presidential immunity decision raised concerns that court proceedings were interfering with the presidency. Court in question a president cannot be prosecuted for his official actions “unless they create a ‘threat of encroachment on the powers and functions of the Executive Branch.'”

    Ministry of Justice policy It also warns against impeaching a sitting president, though it is not binding on a New York state court.

    Trump may argue that similar concerns apply to a state court sentencing the president-elect or imposing a sentence that would exceed its authority January 20 presidential inauguration. The legal idea is that under the U.S. constitutional system, power is divided between the national government and the states, and the states cannot step outside their purview.

    legal experts disagree As to whether concerns about the state court’s excessive use of authority will arise only after Trump takes office, or whether Merchan or the appeals court will also entertain them sooner.

    Reason #4: A new trial may face new problems

    If Trump’s convictions are overturned and he does not face prosecution during his next presidency, Manhattan prosecutors could theoretically seek retrials at a later date. But at this point, Trump could say that retriing him because the evidence and testimony are outdated violates his constitutional due process rights.

    “When there is such a long gap between the first trial and the second trial, defendants will often argue that after four years they cannot get a fair trial because witnesses’ memories may have been erased, some people may have died.” Epner said.

    Reason #5: Trump will grow old

    While Trump’s convictions stand the test of time, his age may also work in his favor if he still faces imprisonment years from now. Former Manhattan prosecutor Catherine Christian told USA TODAY in an interview before Trump’s election victory that even Trump’s current age will work to his advantage in the sentencing process.

    “This will damage his brand, but the man is 78 years old, and for someone who is 78 and has no (prior) criminal record, the court will look at that,” Christian said.

    Trump will be 82 years old at the end of his next four-year term.

    “Even in cases where someone of a certain age is a fugitive, they won’t be punished, and Trump would be the furthest thing from a fugitive,” Epner said.

    All of this represents a significant boon for the soon-to-be president again.

    “The impact of this whole situation, the whole dynamic, has changed radically since Tuesday,” Bederow said. “Trump is in a much stronger position, both in terms of public perception and in terms of getting out of this situation.”

    Harry
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