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    • Trump’s New York criminal conviction suspended as prosecutors prepare to intervene
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    Trump’s New York criminal conviction suspended as prosecutors prepare to intervene

    Umito Posted on

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

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

    The sentencing was placed on the New York Criminal Court docket as adjourned Tuesday morning, after Judge Merchan suspended all deadlines in the case earlier this month.

    Before his electoral victory, Trump claimed that his 34 felony convictions should be rejected based on the Supreme Court’s decision July 1 decision on presidential immunity. On November 10, after his victory, Trump’s lawyer, Emil Bove, argued in an email to Judge Juan Merchan that the case should also be dismissed on the basis of the election, in order to “avoid unconstitutional impediments to President Trump’s ability to govern.”

    Trump was convicted on May 30 of 34 counts of falsifying business records to conceal a hush money payment to buy the silence of porn star Stormy Daniels before the 2016 presidential election. Daniels alleged that the couple had a sexual relationship, a claim Trump denies.

    If Trump ever faces a sentencing hearing, Merchan has a wide range of options, including imposing no sentence, ordering community service or send Trump to prison.

    It remains an open legal question, however, whether Merchan could impose restrictions that would apply during Trump’s presidency, or even in the few months before. No president-elect has been convicted close to office, so the courts have never ruled on what is allowed before.

    Regardless, Trump’s election victory represents a major boon for him in his criminal cases. The Ministry of Justice is weigh how to proceed with his two federal files in light of the elections. Ministry of Justice policy states that a sitting president cannot be criminally prosecuted under the Constitution.

    Although the issue is unprecedented, many legal experts expect state and federal prosecutors to be barred from pursuing a sitting president.

    That would mean delaying the state of Georgia’s prosecution of Trump for his alleged interference in the 2020 election beyond his next presidential term, and it would have uncertain implications for Trump’s post-conviction proceedings in New York.

    Umito
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