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Dennis Donovan

(26,418 posts)
Tue Nov 12, 2024, 10:50 AM Nov 12

NYT: Trumps lawyers try again to throw out his Manhattan criminal case, hoping to clear before return to WH

NYT - (archived: https://archive.ph/OqqH5 ) Emboldened by Re-election, Trump Renews Bid to Overturn His Conviction

Donald J. Trump’s lawyers have moved in recent days to throw out his criminal case in Manhattan, underscoring his expansive view of presidential power and its supremacy over the rule of law.



By Ben Protess, Kate Christobek and Jonah E. Bromwich
Nov. 12, 2024, 10:02 a.m. ET

President-elect Donald J. Trump is mounting a resurgent bid to dismiss his criminal conviction in New York in the wake of his electoral victory, hoping to clear his record of 34 felonies before returning to the White House, court records unsealed on Tuesday show.

Emboldened by the election results, Mr. Trump’s lawyers moved in recent days to throw out the case against the former and future president, who was convicted in May of falsifying records to cover up a sex scandal.

The Manhattan district attorney’s office, which prosecuted Mr. Trump, asked to pause decisions in the case until Nov. 19 so it could weigh how to respond. And the judge overseeing the case, Juan M. Merchan, promptly granted the pause, effectively freezing any progress for the next week.

Justice Merchan was set to rule on several crucial issues this month, including Mr. Trump’s sentence, but that schedule is now on hold.

In requesting the pause, one of the Manhattan prosecutors emailed the judge on Sunday to acknowledge the “unprecedented circumstances” and the need to weigh the competing interests of the jury’s verdict against “the office of the president,” a copy of the email posted publicly on Tuesday shows.

/snip


The New York Times
‪@nytimes.com‬
Breaking News: Donald Trump’s lawyers again moved to throw out his criminal case in Manhattan, hoping to clear his record of 34 felonies before he returns to the White House.

November 12, 2024 at 10:45 AM


https://bsky.app/profile/nytimes.com/post/3lar6idfcxk2m
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Kid Berwyn

(18,118 posts)
1. Gosh, I wish Trump'd been sentenced upon conviction.
Tue Nov 12, 2024, 10:58 AM
Nov 12

Might've impacted the election, though, and that wouldn't be fair to the convicted felon and traitor.

Dennis Donovan

(26,418 posts)
3. Trump lawyer: "the stay, and dismissal, are necessary to avoid unconstitutional impediments to Trump's ability to govern
Tue Nov 12, 2024, 11:13 AM
Nov 12
In requesting the pause, one of the Manhattan prosecutors emailed the judge on Sunday to acknowledge the “unprecedented circumstances” and the need to weigh the competing interests of the jury’s verdict against “the office of the president,” a copy of the email posted publicly on Tuesday shows.

In reply, one of Mr. Trump’s lawyers, Emil Bove, wrote that “the stay, and dismissal, are necessary to avoid unconstitutional impediments to President Trump’s ability to govern.”

/snip

surfered

(3,371 posts)
4. The Supreme Court ruled the President is immune for "official acts." Falsifying records prior to being
Tue Nov 12, 2024, 11:20 AM
Nov 12

..elected could not be an official act. Is the argument that once President, his duties can't be interrupted? Can he shoot someone on 5th avenue and, if not impeached, not be indicted for the murder until he leaves office?

Dennis Donovan

(26,418 posts)
6. The NY charges are from falsifying business records before he was POTUS the first time
Tue Nov 12, 2024, 11:35 AM
Nov 12

I don't think immunity comes into play. I think the Trump lawyers are arguing that you can't sentence him because he's going to be POTUS.

surfered

(3,371 posts)
9. Seems like if you can't sentence him, then barring impeachment, he's effectively immune. Question: if he shot...
Tue Nov 12, 2024, 11:49 AM
Nov 12

...a black LGBTQ woman who promoted CRT, and DEI on 6th Avenue, would the Senate Republicans impeach him?

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