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    • 5 reasons why Trump may never be convicted in the New York financial secrecy case
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    5 reasons why Trump may never be convicted in the New York financial secrecy case

    Umito Posted on

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    President-elect Donald Trump already has reason to be happy regarding his electoral victorybut here is another reason why he can celebrate: his Criminal conviction in New York may never happen.

    The reasons range from the political firestorm a conviction could fuel to the new legal defenses he can invoke as president-elect and then as president.

    “The chances of him going to jail are zero at this point,” Mark Bederow, a New York City criminal attorney and former Manhattan district attorney, told USA TODAY. “He’s also not going to sweep subways, push newspapers and do community service – that’s simply become untenable.”

    Trump was convicted May 30 on 34 counts of falsifying business records to conceal paying porn star Stormy Daniels to remain silent during the 2016 presidential campaign about an alleged sexual relationship between them . THE potential punishment for crimes it could be nothing at all or it could take various forms such as community service or prison.

    Before Tuesday evening, the real estate mogul had a possible outcome to his sentencing, which is currently still ongoing. scheduled for November 26. Trump argued that some of the evidence the jury heard during his trial, which ended in late May, ran counter to the presidential immunity ruling the Supreme Court issued later in July and that the convictions should therefore now be overturned.

    Manhattan Judge Juan Merchan is expected to rule on that argument Tuesday, although Trump’s election means there could be new arguments for changing the procedure. For example, Trump has already twice tried to take the case out of Merchan’s hands and take it to federal court, arguing that federal courts are better suited to handle the legal issues he raises. This argument most recently failed in Septemberbut he could make a new version depending on his election.

    In a statement to USA TODAY, Trump campaign spokesman Steven Cheung said the American people elected Trump with “an overwhelming mandate to make America great again.”

    “It is now abundantly clear that Americans want to immediately end the militarization of our justice system, so that we can, as President Trump said in his historic victory speech, unify our country and work together to his best,” Cheung said. .

    Manhattan District Attorney Alvin Bragg’s office did not respond to a request for comment.

    Trump also faced criminal charges in two federal cases and one state of Georgia casealthough one of the federal cases has been on appeal since its dismissal, and the Justice Department is weighing dropping the two federal cases in light of Trump’s election victory.

    Here are five reasons why Trump may never be convicted:

    Reason #1: The Supreme Court Gave Trump a Potential Lifeline

    The Supreme Court’s July 1 ruling on presidential immunity in Trump’s federal election interference case included a section that could overturn the New York convictions.

    Five of six Republican-appointed judges – all except Judge Amy Coney Barrett – have ruled a jury in a criminal case against a former president I can’t hear various forms of evidence on official presidential actions.

    Trump has since argued that while the payment of hush money to Stormy Daniels and falsified business records were not official presidential acts, some of the evidence presented to secure both the indictment and his convictions went against the Supreme Court’s decision. For example, Trump is oppose to the testimony of his former White House communications director, Hope Hicks, about events that occurred while he was president.

    Even if Trump fails to convince Merchan, he could ask an appeals court to review Merchan’s decision before a conviction is handed down.

    Mitchell Epner, a New York trial lawyer and former New Jersey federal prosecutor, said it was “extremely likely” that the Nov. 26 sentencing date would be wiped from the calendar because of the immunity issue , even if Judge Merchan rules against Trump.

    He said the Supreme Court’s decision would likely give Merchan and an appeals court pause on sentencing before an appeal is heard. And Trump can cite other types of cases, like cases against police officers, where appeals on immunity issues are typically made. allowed to play before trial.

    Robert McWhirter, who ran for the Democratic nomination for Arizona attorney general in 2022 and wrote a book on the American ConstitutionI wasn’t so sure. Below standard New York Rules of Criminal Proceduredefendants must appeal within 30 days of their conviction.

    “I imagine there has to be a final conviction,” he said.

    Reason #2: political storm

    Condemning Trump now that he is president-elect could also create a political storm.

    That may not sound like a legal argument, but it’s still the context that Merchan and appeals courts will likely consider, Bederow said.

    “I think no judge can ignore the 800-pound gorilla in the room, which is that this guy was just resoundingly elected to be the next president,” Bederow said. “If (Merchan) were to convict him, this country is going to be torn apart even more at the seams.”

    Reason #3: Election-Based Legal Obstacles

    Trump’s election victory gives him new legal arguments to fight the conviction. The Supreme Court’s decision on presidential immunity expressed concerns about legal proceedings that could interfere with the presidency. The court said a president cannot be prosecuted for official acts unless doing so “presents no danger of intrusion into the authority and functions of the executive branch.”

    Ministry of Justice policy also warns against suing a sitting president, even if it is not binding on a New York state court.

    Trump could argue that similar concerns apply to a state court convicting a president-elect or imposing a sentence that would extend beyond his term in office. Presidential inauguration on January 20. The legal idea is that in the American constitutional system, power is divided between the national government and the states, and that the states cannot interfere beyond their sphere.

    Legal experts disagree on whether concerns about state court overreach would only come into play after Trump’s inauguration, or whether Merchan or an appeals court would also consider them at an earlier stage.

    Reason #4: A new trial might face new problems

    If Trump has his convictions overturned and is immune from prosecution during his next presidency, Manhattan prosecutors could theoretically seek a new trial afterward. But at this point, Trump could say that retrying him violates his constitutional rights to due process because the evidence and testimony have aged.

    “When defendants have such a long gap between the first trial and the second trial, they often argue that they cannot be tried fairly four years later because the witnesses’ memories will have faded and some people may be be deceased,” Epner said.

    Reason #5: Trump is going to get old

    If Trump’s beliefs stand the test of time but he still faces conviction years from now, his age could also work in his favor. In an interview before Trump’s election victory, Catherine Christian, a former Manhattan prosecutor, told USA TODAY that even Trump’s current age would work in his favor during a sentencing proceeding.

    “It’s going to hurt his brand, but the man is 78 years old, and for someone who is 78 years old and has no (prior) criminal convictions, the court will look at that,” Christian said.

    Trump would be 82 years old at the end of his next four-year term.

    “Even in cases where someone becomes a fugitive, at a certain age they simply won’t be punished, and Trump would be very far from being a fugitive,” Epner said.

    All this constitutes a significant boon for the future outgoing president.

    “The leverage in this whole situation, the whole dynamic, has changed dramatically since Tuesday,” Bederow said. “Trump is in a much stronger position, both in terms of public perception and coming out of this.”

    Umito
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