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Judge delays ruling on Trump's hush money conviction

Judge delays ruling on Trump's hush money conviction

 


The judge overseeing Donald Trump's criminal trial in New York delayed a key decision Tuesday on overturning the president-elect's conviction, according to correspondence between the parties.

Trump's team wants the case dismissed, and the prosecution says it needs time to evaluate next steps now that Trump has been elected to a second term. The court granted them one week to make their position known, the clerk of both parties informed in a court filing.

In a letter to Judge Juan Merchan, prosecutors said they agreed with Trump's request for a stay to consider how to proceed given his new status as president-elect.

“The People agree that these are unprecedented circumstances and that the arguments made by defense counsel in his 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's guilty verdict following a trial that has the presumption of due process and (2) the president's office,” prosecutor Matthew Colangelo wrote in a letter to the judge; .

Donald Trump outside the courtroom as jurors began deliberating during his criminal trial in Manhattan Criminal Court on May 29, 2024 in New York. Doug Mills/Pool via Getty Images

Accordingly, the People respectfully request that the Court adjourn the next scheduled dates to allow time to evaluate these recent developments, and set November 19, 2024 as the deadline for the People to inform the Court of our position. view on appropriate measures,” he said.

In response, Merchan's clerk said the joint request for a stay had been granted and ordered prosecutors from Manhattan District Attorney Alvin Bragg's office to state their position by 10 a.m. on the 19th.

Trump was tentatively scheduled to be sentenced on November 26, but that date has now been postponed for now, and it is unclear when or if the judge would proceed with sentencing.

Trump was convicted in May of 34 counts related to secret payments made to adult film actress Stormy Daniels. He has denied any wrongdoing.

The ruling Merchan was expected to make Tuesday concerned Trump's motion to vacate the conviction and dismiss the indictment, on the grounds that the case included evidence that prosecutors should not have been able to use in accordance with the Supreme Court's decision on presidential immunity. .

The Supreme Court's decision was issued on July 1, days before Trump was initially sentenced in New York.

The New York case was the only one of four criminal cases filed against Trump after he left office in 2021 to go to trial, and the jury's verdict marked the first time a former president had been convicted of a crime.

The Justice Department is currently winding down two federal criminal charges against the former and future president. The Justice Department's thinking on Trump's federal cases emanates from a 2000 memo from the department's Office of Legal Counsel, which upheld a Watergate-era conclusion that a prosecution of a sitting president would unduly interfere , directly or formally, with the conduct of the presidency.

The dropping of those cases leaves another pending lawsuit against Trump: Fulton County District Attorney Fani Willis' racketeering case alleging that he and more than a dozen co-conspirators illegally attempted to quash the 2020 Georgia election results.

That case is on pause while Trump and some of his co-defendants seek to have an appeals court remove Willis from the case for an alleged conflict of interest. Given the status of the case, legal experts told NBC News that any trial of Trump would have to wait until he leaves office in 2029 due to constitutional concerns.

Sources

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2/ https://www.nbcnews.com/politics/donald-trump/judge-trump-hush-money-case-delays-key-ruling-ahead-sentencing-rcna179763

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