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Concealed Republican > Blog > Politics > Judge Pushes Back Trump Sentence, Raising Immunity Questions [WATCH]
Politics

Judge Pushes Back Trump Sentence, Raising Immunity Questions [WATCH]

Jim Taft
Last updated: November 13, 2024 6:11 am
By Jim Taft 4 Min Read
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Judge Pushes Back Trump Sentence, Raising Immunity Questions [WATCH]
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In a move sending ripples through the legal world, Judge Juan Merchan granted a pivotal delay in former President Donald Trump’s Manhattan trial, pushing back all deadlines, including his sentencing date, until after his swearing-in as president.

As reported by Fox News, the decision, announced amid intense media focus, allows Trump more time to navigate a complex legal landscape while weighing the impact of his presidential immunity on the case.

Donald Trump speaks during a rally at the Grand Sierra Resort in Reno on Oct. 11, 2024.

Trump, convicted by a Manhattan jury on 34 counts of falsifying business records last May, faces an uphill battle involving allegations tied to payments made to adult film actress Stormy Daniels. Trump’s legal team filed a motion to vacate the charges altogether.

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But Judge Merchan’s latest ruling doesn’t vacate the convictions just yet; instead, it temporarily halts further proceedings, allowing more time to evaluate Trump’s presidential immunity claims.

This pause gives Trump’s legal team an edge as they strategize on multiple avenues for challenging the convictions. For instance, they could again push to move the case to federal court—a request previously denied twice but potentially stronger now, with Trump soon holding federal office.

Jan 13, 2020; New Orleans, Louisiana, USA; President Donald J. Trump and First Lady Melania Trump on the field before the College Football Playoff national championship game between the Clemson Tigers and the LSU Tigers at Mercedes-Benz Superdome. Mandatory Credit: Kirby Lee-Imagn Images

Additionally, Trump’s team has considered leveraging a recent Supreme Court decision, which reinforced that presidents enjoy presumptive immunity for actions within their constitutional powers. Although the ruling is federally focused, Trump’s team argues it should also apply to state-level proceedings.

The Nov. 12 date previously set by Judge Merchan was his own deadline to determine the trial’s next steps, particularly concerning Trump’s immunity as a sitting president. This immunity, long established in federal cases, has never been tested against state convictions, adding a layer of legal ambiguity.

Judge Merchan’s ruling means that while the sentencing hearing remains tentatively scheduled for Nov. 26, Trump has multiple paths to appeal or seek further delays, making actual prison time seem unlikely.

Former President Donald Trump wraps up a rally on Oct. 9, 2021, in Des Moines.

Legal analysts broadly agree that even if Merchan were to impose a prison sentence, it wouldn’t mean immediate incarceration. “Trump is not going to prison,” said Andrew McCarthy, a former U.S. prosecutor, explaining that New York’s legal system would likely permit Trump to remain on bail throughout any appeals.

Meanwhile, former Attorney General Bill Barr chimed in, suggesting that state and local prosecutions involving the president-elect are little more than a “spectacle” that should be reconsidered. Barr’s comments underscore the tension surrounding this unique case—a state conviction for a federal official shielded by federal-level immunity.

In Washington, Special Counsel Jack Smith has recently moved to vacate all deadlines in the 2020 election interference case against Trump, hinting at a possible dismissal. His team plans to issue an update on Dec. 2.

As Trump’s legal battles continue, the implications for presidential immunity could have lasting impacts, raising questions about the balance between state prosecution and federal executive powers.

Read the full article here

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