Trump’s fate could still hang on possible sentencing in NY election interference case

by · AlterNet

Image via Free Malaysia Today/Creative Commons.
David Badash
November 12, 2024Media

New York Supreme Court Judge Juan Merchan is expected to hand down a decision on Tuesday that could ultimately put the president-elect of the United States in jail. Donald Trump, who has yet to be sentenced for his 34-count criminal felony conviction in his New York election subversion case, commonly known as his “hush money” case, will learn if the judge will sentence him or set aside the verdict now that he has been elected President.

“Back on September 6th, Judge Juan Merchan (in Trump’s NY election interference case) ruled that he would issue a decision by tomorrow, November 12th, on Trump’s Motion to Set Aside the jury’s verdict and to Dismiss the indictment, based on SCOTUS’ immunity ruling,” MSNBC legal contributor and commentator Katie Phang reported Monday afternoon.

Judge Merchan on Sept. 6 had written that Trump was attempting “to bolster his application [for adjournment, or dismissal] by repeating a litany of perceived and unsubstantiated grievances from previous filings that do not merit this Court’s attention and will not be addressed in this Decision.”

On September 6, former federal prosecutor Ankush Khardori wrote at Politico: “As a strictly legal matter, there was no good reason to delay Trump’s sentencing.”

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“The public’s confidence in the integrity of our judicial system demands a sentencing hearing that is entirely focused on the verdict of the jury and the weighing of aggravating and mitigating factors free from distraction or distortion. The members of this jury served diligently on this case, and their verdict must be respected and addressed in a manner that is not diluted by the enormity of the upcoming presidential election,” Merchan wrote Sept. 6. “Likewise, if one is necessary, thc Defendant has the right to a sentencing hearing that respects and protects his constitutional rights.”

Trump is currently slated to be sentenced on November 26.

Reuters reports it is now “unlikely,” according to legal experts, that Trump will face any jail time.

“Trump faces a sentence of up to four years in prison after being convicted of 34 felony counts. Legal experts have said that while lesser penalties such as fines or probation are more likely, a prison sentence would not be impossible.”

Last week in a guest commentary piece for the Kansas City Star, that paper’s former editor, Bill Dalton, wrote:

“On Nov. 5, the American people did the unthinkable — they elected a convicted felon president. Judge Juan Merchan should now do what was once unthinkable — force a president-elect to take the oath of office in a jail cell.”

Watch Reuters’ report below or at this link.

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