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MSNBC legal correspondent predicts judge will uphold Trump’s conviction without sentencing him to prison
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MSNBC legal correspondent predicts judge will uphold Trump’s conviction without sentencing him to prison

MSNBC legal correspondent Lisa Rubin predicted Tuesday that Judge Juan Merchan would uphold President-elect Donald Trump’s conviction in New York, but would not impose prison time.

Merchant Tuesday granted a joint request from prosecutors and defense attorneys to stay the case until November 19, postponing its decision on Trump’s motion to overturn the verdict on the basis of presidential immunity, for which he previously had to make a decision on Tuesday. Rubinon “Ana Cabrera Reports,” suggested the delay indicates Merchan will likely hold the jury guilty verdict intact but could limit Trump’s sentence to time served or probation.

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“Where I see this moving is perhaps toward a solution where the conviction remains, but there is no conviction and both sides agree that either Trump should be sentenced to prison or only to probation and no sentencing hearing is necessary or appropriate,” Rubin said. “What President Trump’s team most wants to avoid is reminding the American public that he was convicted of these 34 counts by forcing him into the courtroom and ‘sit there while Judge Merchan sentences him.’

“They don’t want these optics. They don’t want to have to force him to come to New York and go through that. And it’s a safety risk, I think, for everyone involved as well,” she continued. “They don’t want this process to catch fire. So, I think we may land in a place where the conviction stands, but no punishment is imposed on former President Trump.

Mercan gave prosecutors the decision to submit what they believe are “appropriate steps forward” in a filing by next week. Prosecutors request Mercan must interrupt the proceedings to allow the effect of Trump’s electoral victory to be assessed.

“The People agree that these are unprecedented circumstances and that the arguments made by defense counsel in correspondence with the People on Friday require careful consideration to ensure that any further steps in this proceeding appropriately balance the competing interests of (1) a jury verdict following a presumption of due process and (2) the Office of the President,” prosecutor Matthew Colangelo wrote in a Nov. 10 email to; Merchan.

The president-elect’s defense attorneys joined the request, saying the case should be dismissed to “avoid unconstitutional impediments to President Trump’s ability to govern.”

Judge in Trump’s federal election interference case also granted request from special counsel Jack Smith to suspend deadlines in the meantime.

The Department of Justice (DOJ) is currently considering how to end charges against Trump as he prepares to assume the presidency in January, multiple reports say indicate. DOJ policy prohibits criminal prosecution of sitting presidents.

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All content created by the Daily Caller News Foundation, an independent, nonpartisan news service, is available free to any legitimate news publisher capable of delivering a large audience. All republished articles must include our logo, our reporter’s byline and DCNF affiliation. For questions about our guidelines or our partnership, please contact [email protected].