Posted on 07/03/2024 5:07:08 AM PDT by Alas Babylon!
Judge Juan Merchan has delayed former President Trump's sentencing in New York v. Trump to September, after requests from the presumptive Republican nominee to do so, and no opposition from Manhattan District Attorney Alvin Bragg. Trump was found guilty in an unprecedented criminal trial last month on all counts of falsifying business records in the first degree, following a six-week trial stemming from Bragg's investigation. Trump on Monday moved to overturn his criminal conviction in the Manhattan case after the U.S. Supreme Court ruled that a former president has substantial immunity for official acts committed while in office. He also requested to delay his sentencing, which was set for July 11 — just days before the Republican National Convention where he is set to be formally nominated the 2024 GOP presidential nominee. Bragg, on Tuesday morning, said Trump's request to toss the verdict was without merit, but did not oppose the request to delay sentencing. Merchan on Tuesday afternoon delayed Trump's sentencing date to Sept. 18.
(Excerpt) Read more at msn.com ...
Mistrial is inevitable. A competent judge would have known this and declared such a long time ago.
The Supremes are sending cases BACK to the previous court to reassess the charges.
The Bragg gang will argue that payments to Cohen ware not an official act of POTUS. They were not illegal either, but thanks to Merchan's instructions, the jury got it wrong.
While this is quite good, he should have postponed it to December.
How’s it going to work if Trump is in prison and he wins (which he would).
Would we need to create the Oval Prison Cell?
Sept 18th is the day after Constitution Day, thereby completing 237 years since the document's creation. It was the day of record for the famous quote in the exchange between the "Doc" and Elizabeth Willing Powel:
The first account of the story was recorded by McHenry on the last page of his journal about the Convention. The entry, dated September 18, 1787, reads: "A lady asked Dr. Franklin well Doctor what have we got a republic or a monarchy – A republic replied the Doctor if you can keep it."Thus, 2024 marks the beginning of year 238 [רחל, Rachel aka the mother of all Israel].https://en.wikipedia.org/wiki/Elizabeth_Willing_Powel#%22A_republic_..._if_you_can_keep_it%22
(There are 238 days of DST in the US.)
By virtue of its height and Northeast location, the summit of Mars Hill is the first place in the contiguous United States to see the Sun rise for nearly half of the year, from March 25 to September 18.[2] The first 50-star flag to see the Sun in the U.S. was raised on July 4, 1960, at 4:33 AM. Fifty national guardsmen gave it a 50-gun salute.
You folks know the place -- 37 Graves -- it sticks out like a sore thumb on the topo maps because it looks just like this cartouche fellow, sitting all by his lonely-some, being the home of mtDNA/ mDNA (it all depends on the mother, the medina from from Dina so to speak):
(Happy Dance.)
A republic replied the Doctor if you can keep it... a secret
Conceived in a pub (Green Dragon Tavern). Alchemy made simple. A king on every corner, more valuable than some Can't-Do yahoo barking out orders from his throne, dependent on everyone else for his needs.
God Bless America:
A REPubLIC
She's a Keeper.
~ EZ 😉
“He knows the verdict now has to be a mistrial.”
Under NY law, a mistrial can only occur during the trial — not after the trial is over. The correct terminology is “a motion to set aside verdict.”
The grounds for setting aside the verdict are limited tio the following:
1. Any ground appearing in the record which, if raised upon an appeal
from a prospective judgment of conviction, would require a reversal or
modification of the judgment as a matter of law by an appellate court.
2. That during the trial there occurred, out of the presence of the
court, improper conduct by a juror, or improper conduct by another
person in relation to a juror, which may have affected a substantial
right of the defendant and which was not known to the defendant prior to
the rendition of the verdict; or
3. That new evidence has been discovered since the trial which could
not have been produced by the defendant at the trial even with due
diligence on his part and which is of such character as to create a
probability that had such evidence been received at the trial the
verdict would have been more favorable to the defendant.
Sounds like Trump will be in jail on election day—not enough time to appeal the conviction. Dems win.
I thought that was awkward wording to say “ if such still necessary”. Why wouldn’t it be? Legally speaking, maybe he’s signaling that there will be no sentence, and that the case may be overturned.
Looks like the strong presence of reason number one
And Merchan can put him in jail all of October so he can’t campaign OR have time to appeal to the USSC?
A mistrial happens first before you can do another trial.
They may well retry, but first a mistrial on the current conviction because it used inadmissible evidence.
Yes, he’s doing a CYA because he knows it’s in deep trouble.
Another case down the toilet. 😉
“Would we need to create the Oval Prison Cell”?
James Comey said they could bring in a double wide trailer for him. I kid you not.
No. If they refuse a mistrial and still sentence him on the previous conviction (based on the recently declared inadmissible evidence) than he can appeal it directly to the SCOTUS.
I just don’t see how Merchan can go through with the sentencing on May 31st’s conviction. Tainted evidence has already been declared.
The Bragg gang can argue all they want. The fact remains the jury was presented with inadmissible evidence, and therefore tainted.
That requires a new trial (at least) for any conviction so found with such tainted presentations.
It just is. The law of the land.
I will change my “mistrial” term above to the NYS term “a motion to set aside verdict.”
“Motive was one of the things that SCOTUS mentioned.”
That only pertains to official acts. Even Trump’s team does not claim that the payments were official acts. If they were, the payments would have come from government accounts, not from the Trump Revocable Trust. So it is not impermissible for the court to consider if his motive for making the payments was to cover up a federal crime, even if he was president at the time, as it was an unofficial act. I’m not saying he was trying to do so, the claim doesn’t pass the smell test. I am just pointing out that the immunity decision does not impact this issue.
“And I believe ALL the entries were after he was President.”
Irrelevant, since the entries were not official acts. There are many other grounds for appeal of this case, but that is not one of them.
As others have pointed out, where the immunity case should impact this case is due to the fact that Marchan allowed evidence and testimony related to his official duties to be used in the trial. That’s not allowed under this ruling. At a minimum, a mistrial should be declared, and Bragg can decide if he wants to retry the case without that evidence included.
As a trial lawyer for nearly 40 years, I only had three mistrials. All of them were the result of opposing counsel making improper remarks to the jury during opening statements. In one of the cases, I am near certain that he deliberately cause a mistrial because he did not like the makeup of the jury.
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