Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

BumRushDaShow

(143,374 posts)
Sun Nov 10, 2024, 09:56 AM Nov 10

Judge to Decide Whether Trump's Hush Money Conviction Can Stand

Source: US News and World Report/Reuters

Nov. 10, 2024, at 7:16 a.m.


NEW YORK (Reuters) - A New York judge is set to decide this week whether President-elect Donald Trump's criminal conviction on charges involving hush money paid to a porn star should be overturned in light of the U.S. Supreme Court's July ruling on presidential immunity.

Justice Juan Merchan has said he will make his decision by Tuesday. It is the first of two pivotal choices that the judge must make after Trump's Nov. 5 election victory. Merchan also must decide whether to go ahead with sentencing Trump on Nov. 26 as currently scheduled. Legal experts have said sentencing now is unlikely to happen ahead of Trump's Jan. 20 inauguration.

A favorable ruling by Merchan for Trump on the immunity question or a sentencing delay would pave the way for him to return to the White House largely unencumbered by any of the four criminal cases that once appeared to threaten his ambitions to win back the White House.

Officials at the U.S. Justice Department are assessing how to wind down the two federal criminal cases brought against Trump by Special Counsel Jack Smith due to its longstanding policy against prosecuting a sitting president. A separate case in Georgia involving state criminal charges concerning Trump's efforts to overturn his 2020 presidential election loss remains in limbo.

Read more: https://www.usnews.com/news/top-news/articles/2024-11-10/judge-to-decide-whether-trumps-hush-money-conviction-can-stand



None of that had anything to do with "official duties".

From the article -

Prosecutors with the office of Manhattan District Attorney Alvin Bragg, a Democrat, have argued that the Supreme Court's ruling has no bearing on the case, which they said concerned "wholly unofficial conduct." The Supreme Court in its ruling found no immunity for a president's unofficial acts.
29 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Judge to Decide Whether Trump's Hush Money Conviction Can Stand (Original Post) BumRushDaShow Nov 10 OP
He'll skate XanaDUer2 Nov 10 #1
How about sentence the convicted felon to four years in jail... CapnSteve Nov 10 #2
I had hoped that Judge Merchan would stand strong. niyad Nov 10 #3
Tell me how paying off a porn star was no_hypocrisy Nov 10 #4
One of the biggest perversions of justice Historic NY Nov 10 #5
At this point what does it really matter? groundloop Nov 10 #6
So, we just have capitulate to injustice now? William Seger Nov 10 #7
Yes, and in the meantime ... Hope22 Nov 10 #9
Corruption has a name ... cowardice and the end to the rule of law NotHardly Nov 10 #8
No one is above the law, except, if, your a billionaire name trump. HAHAHAHA. republianmushroom Nov 10 #10
It should stand and Trump can start serving his time now in prison. cstanleytech Nov 10 #11
That "anything" also includes the right to appeal prison sentences. Justice matters. Nov 10 #16
Sorry LibinMo Nov 10 #17
I know but one can still hope. 😁 cstanleytech Nov 10 #18
Exactly, he ain't president yet. oasis Nov 11 #21
Even if he's President as there isn't anything that says he can't serve both at the same time. cstanleytech Nov 11 #22
laws don't matter anymore. ZonkerHarris Nov 10 #12
I'm still cautiously optimistic. Shipwack Nov 10 #13
Fine him Retrograde Nov 10 #14
I would be homegirl Nov 10 #15
So tell me... jmowreader Nov 11 #19
Most of the legal pundits over the past year or so BumRushDaShow Nov 11 #20
Prison while appeal is going on bluestarone Nov 11 #23
Let the conviction stand, he's a felon forever under the law... twogunsid Nov 11 #24
Please judge. Don't dismiss Takket Nov 12 #25
Didn't the hush payment happen before he was even President? Think. Again. Nov 12 #26
Sentence him to jail so he misses the inauguration and can't be sworn in. MichMan Nov 12 #27
Just write Merchan, at this address: David Boyle Nov 12 #28
I can't tell if it is delusion or wishful thinking genxlib Nov 12 #29

CapnSteve

(261 posts)
2. How about sentence the convicted felon to four years in jail...
Sun Nov 10, 2024, 10:05 AM
Nov 10

...time to be served starting January 20th , 2029?

I have a dream...

no_hypocrisy

(49,023 posts)
4. Tell me how paying off a porn star was
Sun Nov 10, 2024, 10:09 AM
Nov 10

An official duty of a President.

And if it were, Stormy Daniel’s shouldn’t have to pay for defamation as you can’t defame the U.S. Government.

groundloop

(12,333 posts)
6. At this point what does it really matter?
Sun Nov 10, 2024, 10:18 AM
Nov 10

The orange motherfucker will never see the inside of a prison cell, so anything else is just semantics.

William Seger

(11,069 posts)
7. So, we just have capitulate to injustice now?
Sun Nov 10, 2024, 10:23 AM
Nov 10

IMO, there is absolutely no reason to respect the office of President after a majority of voters decided to trash it. If I were the judge, he'd get the maximum sentence just as a matter of principle, and let his lawyers and the Supreme Court take if from there -- let them take responsibility for trashing our legal system, too.

Hope22

(3,019 posts)
9. Yes, and in the meantime ...
Sun Nov 10, 2024, 10:36 AM
Nov 10

The rest of us will continue stopping at stop signs, paying our child support, never missing a tax deadline, jumping to answer IRS letters, yielding at yield signs and so much more. He makes a mockery of those of us who follow laws and foster loving community and a strong society! He has made a mockery of our society time and again!

cstanleytech

(27,110 posts)
11. It should stand and Trump can start serving his time now in prison.
Sun Nov 10, 2024, 11:52 AM
Nov 10

After all, there isn't anything in the Constitution that says he can't serve as President while in prison just as much as there isn't anything that can prevent a convicted felon from running for office.

Justice matters.

(7,559 posts)
16. That "anything" also includes the right to appeal prison sentences.
Sun Nov 10, 2024, 02:08 PM
Nov 10

And since there's a delay between the sentence to prison and the report to that prison date, and probably a stay up until his corrupt court's final exoneration, I will believe in nobody is above the law when I'll see it (which will probably be never).

Shipwack

(2,329 posts)
13. I'm still cautiously optimistic.
Sun Nov 10, 2024, 12:31 PM
Nov 10

Merchan is just being publicly neutral about a case that is currently under review.

Of course he’s going to consider Trump’s claims of immunity. He considered all of Trump’s various other claims, too, before ruling against them.

Merchan has made any egregious rulings so far. Let’s wait before pulling out the pitchforks.

Retrograde

(10,697 posts)
14. Fine him
Sun Nov 10, 2024, 01:05 PM
Nov 10

$1000 per conviction. Heck, make it $10,000 or $100,000 - it’s not like New York will ever see the money

homegirl

(1,550 posts)
15. I would be
Sun Nov 10, 2024, 02:00 PM
Nov 10

satisfied with 30 days for each of the 34 guilty judgements. Almost three years in Sing Sing!

jmowreader

(51,552 posts)
19. So tell me...
Mon Nov 11, 2024, 01:18 AM
Nov 11

Would there be an issue with Judge Merchan just fining the living shit out of Trump to close out the hush money trial and the Georgia and federal cases being continued until January 21, 2029? While it may be DoJ policy to not prosecute a sitting president he isn't one now so the New York court system could do it.

BumRushDaShow

(143,374 posts)
20. Most of the legal pundits over the past year or so
Mon Nov 11, 2024, 08:39 AM
Nov 11

have indicated that for the "hush money" case, these types of charges rarely result in a prison sentence - and particularly when they are a first time offense. Because the "fraud" was associated with "election interference", that "extra" was what transformed what would have been misdemeanor charges, into felony ones (i.e., checks written with the fraudulent intent to quash bad info ahead of an election, so "in furtherance of another crime" ).

Regarding the GA case, I don't know how a state would want to selectively give up "states rights" because if that is the case, then what is the point of state laws?

The federal cases will be going bye bye when the new AG decides to completely drop them.

twogunsid

(1,627 posts)
24. Let the conviction stand, he's a felon forever under the law...
Mon Nov 11, 2024, 05:19 PM
Nov 11

...postpone sentencing until he serves his term.

But, yeah, he's gonna get off free.

Takket

(22,611 posts)
25. Please judge. Don't dismiss
Tue Nov 12, 2024, 06:11 AM
Nov 12

I’m not so naive that I think he’ll ever serve a day in prison BUT there is nothing about the SCOTUS ruling that says drumpf should be let go for this. If SCOTUS wants to destroy democracy and turn drumpf into a king, and I was a judge, I would make them do their OWN DIRTY WORK. SCOTUS will toss any conviction of that I’m sure. But Marchan should make sure that is on their record. Not his.

And I agree with other posters who says he should just delay sentencing until after drumpf’s term. Let him spend the next four years knowing he’s going to prison when he’s done destroying America.

genxlib

(5,710 posts)
29. I can't tell if it is delusion or wishful thinking
Tue Nov 12, 2024, 08:03 AM
Nov 12

But there is a lot of nonsense here.

They are done. The court cases will all implode over the next few weeks.

I know you guys think it would be patriotic for Merchan to continue but it would be suicidal for him, the party and the Country.

If you think he is going to put his safety and freedom on the line to try and rescue us after 75 million people said otherwise, you are crazy.

For what purpose? Even in your wildest dream, he spends a few months in prison before all of it gets unwound. Meanwhile, he would emerge with a strengthened mythology, narrative and thirst for vengeance. Just writing it out reads like an origin story for a super villain.

Merchan has been given an out by the Supreme Court. If he is smart, he will take it. At most I would expect some half measure to keep the court case intact without any ramifications (ie still a felon but no actual punishment) But I don't think that will be the case. What I really expect is a dismissal with a strongly worded statement about being a terrible day for justice, law and order etc.

Call me crazy but it is tilting at windmills to expect otherwise.

Latest Discussions»Latest Breaking News»Judge to Decide Whether T...