Donald Trump’s New York sentencing now that he is president elect

| November 8, 2024 | 11 Comments

Despite Donald Trump’s election victory, he is still scheduled for sentencing on November 26, 2024. Trump’s defense team is asking Judge Merchan to overturn Trump’s guilty verdict. They’re using the US Supreme Court’s ruling regarding immunity that presidents have for official acts as one of their arguments.

From Fox News:

Trump’s lawyers had asked Merchan to overturn the former president’s guilty verdict in New York v. Trump after the Supreme Court ruled in July that former presidents have substantial immunity from prosecution for official acts in office, but not for unofficial acts. Merchan is expected to rule by Nov. 12 as to where the charges stand.

“A normal judge would dismiss this case, and then the DA would have to decide, what — if anything — remains, so that we could consider re-bringing the case. But Judge Merchan has shown himself to be nothing but an ordinary judge. And so the catch-22 here is, if he was normal, he would dismiss it, but because he’s not normal, he’ll probably deny it. But because it’s an immunity claim, that gives the Trump defense team the right, the legal right, to immediately appeal his denial,” Cully Stimson, deputy director of the Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies, told Fox News Digital.

Stimson said that even if Merchan denies Trump’s claim of immunity, the Trump team appeals the decision and an appellate court also denies Trump’s claim, the president-elect would not face incarceration.

“For all intents and purposes, no matter what happens if [Merchan] denies it, and the appeals court… follow the judge, and then the judge gets to sentence him. Even then the Justice Department will come in and say, ‘Look, under the Supremacy Clause, you cannot impose a criminal sentence, especially one of incarceration on a sitting president.’ And so that case will be on ice until after Trump gets out of office. But as a practical matter, this case and the Fanni Willis case are over,” he said.

Additional Reading:

Colton, E. (2024, November 7). Where does Trump’s New York sentencing stand after massive election win? Fox News. Link.

Category: Donald Trump

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Green Thumb

What a joke.

Merchan is an interesting position. Grandstand a bit? Go with the dismissal? Maybe draft a long temperance speech? Play to the cameras? Dismiss all charges and retire? Who knows.

This shit was a joke and a waste of money. But hey, there will definitely be a few book deals!

Hopefully Lance Ito will be available to comment….

5JC

After the election Fanni promised to use the law to get Trump. She pretty much blew any chance at a case before but now it is completely dead. The likely incoming AG has promised a CR lawsuit that will bankrupt the city if she tries anything.

Anonymous
HT3

All these bullshit charges will over turned on appeals anyway, so lets just save the taxpayers some money, okay? They flushed $40M down the toilet with Jack “0-8” Smith’s records case. Hey Diddyrats, you fucking lost.

2banana

Trump needs to go Scorched Earth on the democrat marxists.

Green Thumb

Somewhere Eric Adams breathes a sigh of relief….

26Limabeans

Sentence him to time served.

RCAF-CHAIRBORNE

I hope he orders them all to be stood infront of a strudy wall

CDR D

Merchan should be advised that what goes around can come around. The Biden Administration has set the standard when it comes to lawfare.

jeff LPH 3 63-66

The lady ny whats her name ran on prosecuting President Trump and she would wait till he got out of office unless she loses in the 2026 election but in that now shit ny state, she would most likely get elected by the ny shitbirds. She is a black lady and I forgot what her job title is.