Merchan Cancels Trump’s November 26 Sentencing
It’s not indefinitely. Merchan granted the application to stay the decision “pending receipt of the papers from all parties submitted in accordance with the motion schedule noted above.”
New York Supreme Court Justice Juan Merchan canceled President-elect Donald Trump’s sentencing date next week regarding his conviction of falsifying business records.
It should have taken place on November 26.
Merchan granted Trump’s request for leave to file a motion to dismiss the case. Trump’s team has to file the motion by December 2nd.
The prosecution has to answer by December 9.
Merchan said the court would not accept briefs.
I see people saying “indefinitely,” but that does not seem accurate. Merchan granted the application to stay the decision “pending receipt of the papers from all parties submitted in accordance with the motion schedule noted above.”
BREAKING: It's official. Trump's sentencing in New York is canceled indefinitely. pic.twitter.com/PL45QlCrGO
— Kyle Cheney (@kyledcheney) November 22, 2024
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Headlines from many news outlets:
“Merchan Postpones Trump’s Sentencing Indefinitely”
It won’t be just until the awfulness of the entire law and trial is addressed. It was not justice in any form that the great lawgivers of history would have recognized.
Lets hope that justice comes to everyone involved in these kangaroo persecutions.
As Lysander Spooner noted, when commenting on the guarantee of trial by jury, it is the thing itself that is guaranteed, and not just any other thing that has been given the same name. “Justice” is one of those “things” for which there is no substitute for what has been promised, even when the substitute is called by the same name.
If/When he dismisses, it will be interesting to see where he hangs his hat. Given his horribly biased disposition towards Trump, my guess is he picks something that protects himself from his laughable record on this case. That’s likely a Supremacy Clause argument about criminal cases against sitting presidents not being justiciable during their tenure. That would be too bad because there are reams of better reasons why this case should have been dismissed…and shouldn’t have even been allowed to start.
As Gertrude Stein once famously said about Lillian Hellman: There is no there, there.
He’s going to announce a conviction so the Left can continue to shriek “34 FeLoNiEs!!!” for the next four or so years so don’t expect him to dismiss it. He’s not going to give jail time because the DOJ has firmly signaled that’s big no.. That leaves something like a giant fine on the order of a million dollars a charge which gives the appeals court an ‘out’ for their leftist buds by reducing the amount and leaving it stand.
Merchan has to be sweating bullets right now. He’s been getting money and other gifts from his daughter during the run-up to the trial to about the half-way mark when he realized Trump could actually win. His daughter raised tens of millions on the case, after all. Every bank transaction, every vacation, every bill paid is going to get examined, and I don’t see him emerging as a darling of the Left any more with big-dollar speaking engagements and million-dollar book deals.
There are a couple reasons I think he won’t enter an order of conviction. First, a successful appeal by Trump is a forgone conclusion. The case is riddled with reversible error. The conviction and sentence, if ordered, will be set aside sometime next year, probably late summer. An appellate court is going to strip the bark from Merchan in that reversal. No judge wants that, even one as partisan as this. Also, he’s statutorily constrained in the size of fine he can levy. I can’t remember the exact maximum. But, it’s thousands of dollars, not millions of dollars. But, whatever sentence Merchan would impose, it would immediately by stayed by an appellate court, probably before the sun set on the day of sentencing.
OTOH, if he dismisses the case on the basis of the Supremacy Clause, he can spare himself the enduring shame of reversal. The inevitability of a successful appeal by Trump makes the Supremacy Clause off-ramp a very attractive option…which he’ll likely take.
If I had to bet money, I will say that Merchan will sentence Trump to prison but the court will make no effort whatsoever to actually jail him. Then the Communist Party line going forward will be: Trump should be in prison but he used his power as President illegally to evade incarceration.
Get ready for the Communists to use this sentence to launch Impeachment Part III if they take the House in 2026.
Writ of Mandamus.
I seen a couple of legal scholars including Dershowitz I think bring this up. Trump deserves this to be over. A speedy trial includes sentencing. Trump has a right to be sentenced so he can appeal. This can’t be suspended for 4 years just so he can be put in jail 4 years from now.
I think it will be funny to hear how some will say Trump convinced the nation to win just to get off for this and the otheres. That’s way too far fetched no matter the cause.
he could still sentence Trump to prison before he takes office
I suspected if the vote steal had occurred he would have been jailed. Guess the Kangaroo Court had no chance.
I am looking forward to Merchan and Bragg’s sentencing.