para bellum
Diamond Member
Merchan wants to just put a stay on all decisions until 2029 so they can hang the "convicted felon" label on Trump while he is in office.So Merchan is considering tossing the whole ball of wax?
CNN ā The judge overseeing Donald Trumpās criminal hush money trial has adjourned his sentencing, which was set for next week.
Judge Juan Merchan also agreed to hold off on issuing his decision on presidential immunity until after he reviews the partiesā filings.
Merchan granted Trumpās request to file a motion to dismiss the case ā ordering them to submit their papers by December 2. Prosecutors are ordered to respond by December 9. Trumpās team wanted to have until December 20 to file their paperwork.
The judge did not set a new sentencing date or make any further statements about the delay.
No sentencing, no appeal, no dismissal.
That would effectively deny Trump his Constitutional right to a speedy trial by leaving it hanging for 4 years. (But obviously due process is not an issue for the "get Trump" crowd).
He set the Dec 2 date for Trump's lawyers, because he knew the DOJ was dropping their case, and Smith had until December 1 to file his dismissal. Merchan did not want to give Trump's lawyers the opportunity to incorporate Smith's reasoning in their motion to dismiss the NY case.
But Smith threw a monkey wrench into the plan by filing his motion early. Now Trump's lawyers can incorporate those arguments in their motion to dismiss the NY case (or at least consider them).
Trump's lawyers can also move to have the case removed to Federal Court, because Trump is now the President-elect, and it's a matter of Federal concern that the President is free to operate without the encumbrance of the NY case casting a shadow over his administration.
"The 2000 OLC Opinion reasoned that doing so would risk imposing three burdens that would make it impossible for a President to effectively carry out his constitutional duties:
(1) the burden of imprisonment, which would physically prevent the President from doing his work;
(2) the burden of āpublic stigma and opprobrium,ā which could weaken the Presidentās ability to āfulfill his constitutionally contemplated leadership roleā; and
(3) the mental and physical burdens associated with preparing a defense to a criminal prosecution, which āmight severely hamper the Presidentās performance of his official duties."
OLC concluded that, because a pending criminal prosecution would impair the Presidentās ability to carry out these responsibilities to the
detriment of the Nation, the constitutional interest in the Presidentās unfettered performance of his duties must take precedence over the immediate enforcement of the criminal law against a sitting President."