Trump hush money sentencing delayed until after election
Source: Reuters
September 6, 2024 1:43 PM EDT Updated 3 min ago
NEW YORK, Sept 6 (Reuters) - A New York judge on Friday delayed former U.S. President Donald Trump's sentencing in his hush money criminal case until after the Nov. 5 election, writing that he wants to avoid the unwarranted perception of a political motive. Trump, the Republican nominee for president, had previously been scheduled to be sentenced on Sept. 18.
His lawyers in August asked Justice Juan Merchan to push back his sentencing date until after the vote, citing "naked election-interference objectives." Manhattan District Attorney Alvin Bragg, who brought the charges against Trump, is a Democrat. Merchan said on Friday he now planned to sentence Trump on Nov. 26, unless the case is dismissed before then.
"The imposition of sentence will be adjourned to avoid any appearance - however unwarranted - that the proceeding has been affected by or seeks to affect the approaching Presidential election in which the Defendant is a candidate," the judge wrote. "The Court is a fair, impartial and apolitical institution." Trump campaign spokesperson Steven Cheung said after the ruling that the case should be dismissed altogether. "There should be no sentencing in the Manhattan DA's Election Interference Witch Hunt," Cheung said in a statement.
Trump's lawyers also argued there would not be enough time before the sentencing for the defense to potentially appeal Merchan's forthcoming ruling on Trump's request to overturn the conviction due to the U.S. Supreme Court's landmark decision on presidential immunity. Merchan had been scheduled to rule on that motion on Sept. 16. He wrote on Friday he now plans to rule on that motion on Nov. 12.
Read more: https://www.reuters.com/legal/judge-rule-donald-trumps-bid-delay-hush-money-sentencing-2024-09-06/
Link to RULING (PDF) - https://tmsnrt.rs/4eh6X9z
Article updated.
Original article/headline -
September 6, 2024 1:13 PM EDT Updated a min ago
NEW YORK, Sept 6 (Reuters) - A New York judge on Friday delayed former U.S. President Donald Trump's sentencing on charges stemming from hush money paid to a porn star until Nov. 26.
Trump, the Republican nominee for president, had asked Justice Juan Merchan to push back his sentencing date until after the Nov. 5 election. Trump had previously been scheduled to be sentenced on Sept. 18, less than two months before the election.
Trump's lawyers in August argued there would not be enough time before the sentencing for the defense to potentially appeal Merchan's forthcoming ruling on Trump's request to overturn the conviction due to the U.S. Supreme Court's landmark decision on presidential immunity.
Merchan had been scheduled to rule on that motion on Sept. 16. The Supreme Court's 6-3 ruling, which related to a separate criminal case Trump faces, found that presidents cannot be criminally prosecuted for their official acts, and that evidence of presidents' official actions cannot be used to help prove criminal cases involving unofficial actions.
Mme. Defarge
(8,501 posts)Bobstandard
(1,650 posts)More of the same from our rickety legal system.
Delphinus
(12,125 posts)"Fuckkkkkkkkkkkkkkkkkkk" in another language, because that is what I just screamed.
It means "SHIT" in French, which is what this is.
Mme. Defarge
(8,501 posts)4 letters.
LetMyPeopleVote
(154,009 posts)LetMyPeopleVote
(154,009 posts)JohnSJ
(96,296 posts)in mind no matter whether he delayed or not trump is saying he has immunity, which is garbage.
If trump loses the election, I hope, he will be finished.
.
Chellee
(2,207 posts)He was convicted. Why would a sentence not be necessary? We're you thinking of just saying, "Now, now Donald, that was naughty, try not to do it again." Wink, wink, nudge, nudge.
Bev54
(11,910 posts)Charging Triceratops
(296 posts)This bastard slithers away again.
NJCher
(37,677 posts)It's a presidential immunity issue.
Stop already with the hopelessness.
sinkingfeeling
(52,962 posts)Chellee
(2,207 posts)If he wins, he'll never see the inside of a cell, EVER. If he loses, and the sentencing isn't delayed AGAIN!, it will be two days before Thanksgiving. Two days before the most difficult holiday to spend with your Republican relatives. Honestly, this judge, I want to shake him. Why are you letting this hideous man off the hook AGAIN!?!
I'd scream if I weren't afraid of scaring the cat and worrying the neighbors.
TechDave
(9 posts)System is broken
ScratchCat
(2,402 posts)The State did not object to this.
It's not "the judge letting Trump get away again". Alvin Bragg did not object.
NJCher
(37,677 posts)DUers are the most pessimistic, negative thinkers. There's nothing to be gained by this.
Read the damn story before you go
InAbLuEsTaTe
(24,530 posts)orthoclad
(4,728 posts)leading to two senior assistants resigning?
niyad
(119,480 posts)orthoclad
(4,728 posts)I had to check. My circuits are shorting.
No, it was Bragg. From his wiki:
On February 23, 2022, Carey R. Dunne and Mark F. Pomerantz, the lead prosecutors in the New York County District Attorney's investigation into Donald Trump and his businesses, resigned abruptly after Bragg "indicated to them that he had doubts about moving forward with a case against Mr. Trump".[18] In his letter of resignation, Pomerantz wrote that the "team that has been investigating Mr. Trump harbors no doubt about whether he committed crimes,[19] including falsifying business records, and that it was "a grave failure of justice"[19] not to pursue criminal charges.[20]
Bragg could have moved forward long before election season. He has a history of reluctance.
BumRushDaShow
(141,318 posts)Bragg was only elected to the office in November 2021 and sworn in January 1, 2022. So there isn't much of a "history" there.
Cyrus Vance, Jr. was in there for 3 terms (from 2010 - 2022) before neglecting to run again. The "delay" problem came from Cyrus Vance, Jr. for not moving faster.
Remember that this crime was initiated in 2016 and bled into/continued through 2017 (with the monthly checks to Cohen).
The Feds (SDNY) did their case but eventually declined to charge 45 and they were able to get Cohen to plead guilty in 2018, so that ended that (federally) at that point.
And supposedly Vance authorized Pomerantz to seek an indictment - But NOT UNTIL THE END OF 2021.
Why did Vance, Jr. wait 3 years before authorizing an "investigation", timed to happen right when he was leaving office? He should have immediately had some preliminary work get underway RIGHT after the feds concluded their case at the end of 2018, or at least had something going "parallel" but not too intrusive to interfere with the federal stuff.
And supposedly Vance claimed that Bragg would agree to have this continue once Vance left office but at this point, unless he had chance to see what they even had, how could Bragg make a proper decision unless he had all the evidence that had been gathered to date?
orthoclad
(4,728 posts)I wasn't excluding Vance from the "reluctant" list. It was Bragg in this particular issue.
BumRushDaShow
(141,318 posts)Bragg was sworn into office a little over 32 months ago. Right now, when it comes to criminal cases (whether state or federal), his is the ONLY one that has gone from start to finish with convictions.
ABC News did a timeline - https://abcnews.go.com/Politics/timeline-manhattan-district-attorney-case-donald-trump/story?id=98389444
Jan. 1, 2022
Bragg takes office as Manhattan's new district attorney. Before leaving office, Vance does not bring charges against Trump.
Feb. 22, 2022
The two prosecutors leading the Trump probe -- Assistant District Attorneys Carey Dunne and Mark Pomerantz -- resign from the district attorney's office.
Pomerantz later reveals that he disagreed with Bragg's decision to not bring charges against Trump in Bragg's early days as DA. Pomerantz was formerly a special prosecutor with the Southern District of New York.
The investigation continues after their resignations but doubt is cast on whether charges will be brought against Trump.
(snip)
Dec. 5, 2022
Bragg announces he has hired Matthew Colangelo as senior counsel. He was a previous Department of Justice official and prior to that worked at the New York Attorney General's Office where he was part of the team that investigated the Trump Foundation.
(snip)
May 24, 2023
Judge Merchan sets a trial date of March 25, 2024, for Trump's criminal trial on charges of falsifying business records. He had previously indicated that no one associated with the case is allowed to schedule anything that would conflict with the trial.
The judge also reviews for Trump the terms of the protective order that prohibits him from sharing on social media any evidence turned over by the Manhattan district attorney during discovery.
(snip)
Again I ask, why did Vance WAIT until right before he was going to leave office to suddenly decide to start an investigation and instead DUMPS the case on a brand new D.A?
The state and city of NY have had a lot of issues over the decades and have let 45 slide for 50 years before finally doing something. He was apparently "good P.R. for the city and state".
Ocelot II
(120,367 posts)I don't see a problem here - especially since the prosecution didn't object.
groundloop
(12,166 posts)tRump's Supreme Court handed him a Get Out of Jail Free card, on top of the usual double standard for the rich. THAT'S what everyone is pissed about.
hadEnuf
(2,626 posts)We are being run by gangsters.
InAbLuEsTaTe
(24,530 posts)louis-t
(23,618 posts)I'm gonna go there and say his decision was based in part on fear of reprisal by tsf worshipers.
Think. Again.
(17,324 posts)I'm also sure that is an extremely wrong way to handle court decisions.
gab13by13
(24,766 posts)angrychair
(9,672 posts)The justice system is in his back pocket now.
Stuff like this only reenforces the narrative from Republicans that he is innocent and this is a political prosection.
This is more than I can deal with. Tired of this. From Nate Silver saying trump will win the election to the justice system giving him every opportunity to walk free is really breaking me psychologically.
PortTack
(34,465 posts)He was fired from 538 and works for Peter thiel!
Ocelot II
(120,367 posts)He will remain a convicted felon up to and after the election; the fact that he hasn't been sentenced yet makes no difference. Read the judge's decision, and consider that the prosecution did not object.
angrychair
(9,672 posts)Which is likely just him greasing the skids to dismiss the whole thing.
Trump always gets a pass. Always.
24601
(4,002 posts)happens shortly before sentencing. With the ongoing appeals, which will not be decided until November 12th, he remains not quite yet convicted.
did have an "attempt" on his life.
InAbLuEsTaTe
(24,530 posts)Ocelot II
(120,367 posts)And strategically it was a good move. Nothing to get exercised over.
angrychair
(9,672 posts)Also implies he could dismiss all charges still. He hasn't announced that decision yet but I think it's obvious he will dismiss everything.
The state cases were supposed to be the way he would finally face justice but they have proven easier to manipulate than the federal courts.
Ocelot II
(120,367 posts)wouldnt it be much worse for that to occur before the election?
hadEnuf
(2,626 posts)If not, then we'll see. Depends on how credible the threats are.
Think. Again.
(17,324 posts)...election interference.
RevBrotherThomas
(849 posts)Can't say I am surprised. Anyone else?
bluedigger
(17,143 posts)Does Florida allow convicted but unsentenced felons the right to vote?
RockRaven
(16,170 posts)allows a convicted but not yet sentenced felon to vote.
Wednesdays
(20,308 posts)We may be looking at a prison sentence for TCF.
If Merchant were to hand down a severe penalty, MAGAts would go apeshit if it were before the election. But after the election, a harsh judgement won't be touted as political favoritism.
Ocelot II
(120,367 posts)A financial crime, first offense is not going to result in prison time - most likely there will be a stiff fine. I am actually relieved at the rescheduling for the reasons cited by the judge.
orthoclad
(4,728 posts)Do those complexities involve threats to his family?
Gaytano70
(1,207 posts)The 🟠💩 will NEVER be held accountable for his f@#$ing crime wave 🤬
Stargleamer
(2,169 posts)Merchan fucks up big-time
RockRaven
(16,170 posts)is being political, and appears so.
So, task failed. Again.
Think. Again.
(17,324 posts)flying_wahini
(7,972 posts)Walleye
(35,046 posts)Convicted felon. Seems to me thats the way it ought to work. So stick it, thousands of people staying in jail, pending sentencing, youre not special enough. Of course youre in jail you cant vote so
Think. Again.
(17,324 posts)...that is not related to the coming election, based on how that decision will affect the election, is election interference.
Judge Chutkan has it right, the election will play no part in the court case before her.
bromeando
(69 posts)I wonder if that courtesy would apply to a common Joe or Jane. LOL
Escape
(26 posts)I'm not gonna spend another minute of my life thinking Donald Trump will EVER be held responsible for ANY of his actions.
It's over. He won.
It is clear now that he IS absolutely above the law!!!!
Oopsie Daisy
(4,424 posts)Ford_Prefect
(8,198 posts)AmBlue
(3,433 posts)BULL$HIT!!!!! How is it that the People's right to see this convicted criminal fairly adjudicated and sentenced BEFORE we go to the polls is never taken into consideration???
boyedav1969
(108 posts)This is hardly new information. The judge isn't going to make the prosecution's case to deny the motion; the prosecution has to do that themselves. If they didn't oppose it, then I'm betting there's a good reason. Have a little faith in the only team that's been able to hang criminal convictions on this guy.
riversedge
(72,954 posts)would have a huge hissy fit!
Jack Valentino
(1,159 posts)If they want to go ape-shit, they can end up in jail with the j-6ers.
or maybe dead.
Catherine Vincent
(34,538 posts)onandup
(701 posts)nm
Yo_Mama_Been_Loggin
(114,726 posts)This is America, no one is above the law.
moniss
(5,515 posts)a strategy of employing a "no hope/improper" appeal ends up having a desired effect. I thought the SC would make this move but I think Merchan may have seen the inevitable coming and got ahead of it.
At the end of the day, even if sentenced eventually, the reality is that this will be tied up in appeals for many years and even if he outlives the appeals and there is prison time attached I don't see him sticking around for it. It is the reality that our system of justice would never bend like this for an average person. But it is not new. It is just so easily witnessed now.
Orrex
(64,004 posts)Frustrating, to be sure, but sensible. Unlike ThOmas and Alito, some judges recognize the importance of avoiding impropriety or the appearance of impropriety.
SallyHemmings
(1,876 posts)But, I'm preaching to the choir here.
Frustrating....
now it up to us, let's get this felon see defeat in November record voting numbers!!!! That's it we are up at the plate!!!!!! When we fight we win!!!!!!!
republianmushroom
(17,279 posts)And delaying the sentencing "is not perception of a political motive", it flat ass is political motivated.
LetMyPeopleVote
(154,009 posts)Alvin Bragg did not oppose the postponement which may be a major factor in Judge Merchant's decision
Link to tweet
onetexan
(13,885 posts)This was my first instinct when it was announced yesterday. I do believe the con will lose his pants off to Kamala and get his just desserts - prison.
Hotler
(12,026 posts)become a hero in the eyes of millions......
BumRushDaShow
(141,318 posts)It took almost 2 years (with all the appeals and stays and whatnot) to finally get his ass reporting to a prison July 1st, 2024.
The same would and will happen with 45 unfortunately (assuming he did get sentenced to that). And no matter what the sentence (including fines or even something like "probation" ), he WILL appeal it as long as he can.