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Ladybbird · 06-09-24, 19:04

Judge Merchan Delays TRUMP Sentencing in Hush-Money Case Until After US Election

Conditions for sentencing over ex-president?s payments to adult film star ?fraught with complexities?, Judge says

The Guardian 6 SEP 2024

Describing conditions as ?fraught with complexities?, a New York judge on Friday delayed Donald Trump?s sentencing on charges stemming from hush money paid to an adult film star until 26 November.

Trump, the Republican nominee for president, had asked Justice Juan Merchan to push back his sentencing date until after the US election. Trump had previously been scheduled to be sentenced on 18 September, 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 US supreme court?s landmark decision on presidential immunity.

While Merchan noted that Trump?s attorneys had ?repeat[ed] a litany of perceived and unsubstantiated grievances from previous filings that do not merit this Court?s attention?, Merchan?s response acknowledged that the combination of an upcoming presidential election and the supreme court?s ruling had ?render[ed] the requirements of a sentencing hearing, should one be necessary, difficult to execute?.

Merchan had been scheduled to rule on that motion on 16 September.

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.

Prosecutors with Bragg?s office argued their case involved Trump?s personal conduct, not official acts, so there was no reason to overturn the verdict.

But they took no position on Trump?s request to delay sentencing, saying in a 16 August filing they deferred to Merchan on the question.

The prosecutors said an appellate court could delay the sentencing anyway to give itself time to consider Trump?s arguments, a move they said would be ?disruptive?.

Judge Merchan interpreted Bragg?s response to the request as a signal of support for a delay. ?[A] careful reading of that response can fairly be construed as a joinder of the motion,? Merchan wrote.

?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.?

06-09-24, 19:04	#72
Ladybbird Join Date: Feb 2011 Posts: 50,659 Thanks: 28,768 Thanked 14,429 Times in 10,235 Posts Awards Showcase Total Awards: 8	Judge Delays TRUMP Sentencing in Hush-Money Case Til After US Election Judge Merchan Delays TRUMP Sentencing in Hush-Money Case Until After US Election Conditions for sentencing over ex-president?s payments to adult film star ?fraught with complexities?, Judge says The Guardian 6 SEP 2024 Describing conditions as ?fraught with complexities?, a New York judge on Friday delayed Donald Trump?s sentencing on charges stemming from hush money paid to an adult film star until 26 November. Trump, the Republican nominee for president, had asked Justice Juan Merchan to push back his sentencing date until after the US election. Trump had previously been scheduled to be sentenced on 18 September, 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 US supreme court?s landmark decision on presidential immunity. While Merchan noted that Trump?s attorneys had ?repeat[ed] a litany of perceived and unsubstantiated grievances from previous filings that do not merit this Court?s attention?, Merchan?s response acknowledged that the combination of an upcoming presidential election and the supreme court?s ruling had ?render[ed] the requirements of a sentencing hearing, should one be necessary, difficult to execute?. Merchan had been scheduled to rule on that motion on 16 September. 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. Prosecutors with Bragg?s office argued their case involved Trump?s personal conduct, not official acts, so there was no reason to overturn the verdict. But they took no position on Trump?s request to delay sentencing, saying in a 16 August filing they deferred to Merchan on the question. *The prosecutors said an appellate court could delay the sentencing anyway to give itself time to consider Trump?s arguments, a move they said would be ?disruptive?.* Judge Merchan interpreted Bragg?s response to the request as a signal of support for a delay. ?[A] careful reading of that response can fairly be construed as a joinder of the motion,? Merchan wrote. ?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.?