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    • Trump’s NY criminal conviction on hold as prosecutors prepare to intervene
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    Trump’s NY criminal conviction on hold as prosecutors prepare to intervene

    Online Niel Posted on

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    This story has been updated to clarify the sentencing date was suspended earlier this month.

    President-elect Donald Trumpon November 26 the date of the sentence in his The case of New York’s quiet money is on hold as prosecutors face a Tuesday deadline to advise the judge on how to proceed in light of Trump’s election victory.

    Sentencing was listed as deferred on the New York Criminal Court docket Tuesday morning after Judge Merchan suspended all deadlines in the case earlier this month.

    Before his election victory, Trump claimed that his 34 felony convictions should be thrown out on the basis of the Supreme Court July 1 Presidential Immunity Decision. On November 10, after his victory, Trump’s lawyer argued with Emil Bove an email Judge Juan Merchan that the case should also be dismissed on election grounds to “avoid unconstitutional impediments to President Trump’s ability to govern.”

    Trump was found guilty on May 30 of 34 counts of falsifying business records to cover up a cash payment to silence porn star Stormy Daniels before the 2016 presidential election. Daniels claimed the pair had a sexual encounter, a claim Trump denies.

    If Trump ever faces a sentencing hearing, Merchan has a wide set of options, including not imposing a sentence, ordering community service or sending Trump to prison.

    It’s an open legal question, however, whether Merchan could impose restrictions that apply during Trump’s presidency or even in the months before. No president-elect has faced conviction while approaching office, so the courts have never ruled on what is permissible until now.

    Either way, Trump’s election victory is a major advantage for him when it comes to his criminal cases. The Department of Justice is weighing how to proceed with his two federal cases in light of the election. Department of Justice POLICY states that a sitting president cannot be prosecuted under the Constitution.

    Although the question is unprecedented, many legal experts expect that both state and federal prosecutors will be barred from prosecuting a sitting president.

    That would delay Georgia’s prosecution of Trump for his alleged meddling in the 2020 election until after his next presidential term and has uncertain implications for Trump’s post-conviction proceedings in New York.

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