{"id":162887,"date":"2024-11-08T10:05:14","date_gmt":"2024-11-08T15:05:14","guid":{"rendered":"https:\/\/valorguardians.com\/blog\/?p=162887"},"modified":"2024-11-07T18:33:04","modified_gmt":"2024-11-07T23:33:04","slug":"donald-trumps-new-york-sentencing-now-that-he-is-president-elect","status":"publish","type":"post","link":"https:\/\/www.azuse.cloud\/?p=162887","title":{"rendered":"Donald Trump’s New York sentencing now that he is president elect"},"content":{"rendered":"

\"\"<\/a><\/p>\n

Despite Donald Trump’s election victory, he is still scheduled for sentencing on November 26, 2024. Trump’s defense team is asking Judge Merchan to overturn Trump’s guilty verdict. They’re using the US Supreme Court’s ruling regarding immunity that presidents have for official acts as one of their arguments.<\/p>\n

From Fox News:<\/strong><\/span><\/p>\n

Trump’s lawyers had asked Merchan to overturn the former president’s guilty verdict in New York v. Trump after the Supreme Court ruled in July that former presidents have substantial immunity from prosecution for official acts in office, but not for unofficial acts. Merchan is expected to rule by Nov. 12 as to where the charges stand.<\/p>\n

“A normal judge would dismiss this case, and then the DA would have to decide, what — if anything — remains, so that we could consider re-bringing the case. But Judge Merchan has shown himself to be nothing but an ordinary judge. And so the catch-22 here is, if he was normal, he would dismiss it, but because he’s not normal, he’ll probably deny it. But because it’s an immunity claim, that gives the Trump defense team the right, the legal right, to immediately appeal his denial,” Cully Stimson, deputy director of the Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies, told Fox News Digital.<\/p>\n

Stimson said that even if Merchan denies Trump’s claim of immunity, the Trump team appeals the decision and an appellate court also denies Trump’s claim, the president-elect would not face incarceration.<\/p>\n

“For all intents and purposes, no matter what happens if [Merchan] denies it, and the appeals court… follow the judge, and then the judge gets to sentence him. Even then the Justice Department will come in and say, ‘Look, under the Supremacy Clause, you cannot impose a criminal sentence, especially one of incarceration on a sitting president.’ And so that case will be on ice until after Trump gets out of office. But as a practical matter, this case and the Fanni Willis case are over,” he said.<\/p><\/blockquote>\n

Additional Reading:<\/strong><\/p>\n

Colton, E. (2024, November 7). Where does Trump’s New York sentencing stand after massive election win? Fox News<\/em>. Link<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

Despite Donald Trump’s election victory, he is still scheduled for sentencing on November 26, 2024. Trump’s … Donald Trump’s New York sentencing now that he is president elect<\/span>Read more<\/a><\/p>\n","protected":false},"author":661,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[469],"tags":[],"class_list":["post-162887","post","type-post","status-publish","format-standard","hentry","category-donald-trump"],"_links":{"self":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/162887","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/users\/661"}],"replies":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=162887"}],"version-history":[{"count":0,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/162887\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=162887"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=162887"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=162887"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}