Merchan stands firm on hush money case.

[Lesh]

Wrong. They were pissed off about the price of things and blamed Biden/Harris

 

[para bellum]

Someone said they can appeal directly to the USSC? Not sure if that is an option?

I don't think so, at least not in normal process. It would first go through the Appellate Division, and then the State Court of Appeals before an appeal to the USSC court be made.

If Merchan refuses to close the case, it could be removed to the Federal District Court for the SDNY, there is an obvious Federal interest in the case. There will be a new US Attorney for the SDNY shortly, who would presumably dismiss the case for the same reasons as the others.

 

[Rigby5]

Trump didn't pay for the NDA, Cohen did.



Because it attempted to keep the Stormy Daniels (and McDougal, and the Doorman in the Cohen/Pecker/Trump conspiracy) stories from breaking before the election.



They were, the "Other crime" was cohen's illegal campaign fraud.



The falsification of business records are not violation of federal election and taxation laws, this was a State Court conviction and State Courts can convict federal laws. This was a state court conviction of state level criminal laws.



We are all waiting to see what Merchan decides to do.



Your welcome. Hope I've helped you understand what really is going on.

WW

But it needs to be emphasized that buying an NDA to prevent a private story from getting publicity is perfectly legal.
If there is anything illegal about it, it would be that Stormy Daniels is really blackmailing Trump.
And paying blackmail is not what is illegal.

The NY laws against bookkeeping fraud are about scammers inflating the value of stocks they are trying to sell, by adding false profit entries.

 

[Rigby5]

They didn't make up the "how".

Felonioius falsification of business records has been on the New York Books for decades.

It wasn't about what Trump was "thinking" it was about what he did.

WW

Felonious falsification of business records is when you harm buyers by fraudulently inflating the value of stock you are selling.
Trump was not selling anything, so the law does not at all apply.

 

[Rigby5]

Wrong. They were pissed off about the price of things and blamed Biden/Harris

Binden/Harris clearly were guilty of causing prices to nearly double.
They illegally imposed economic sanctions on Russian oil/gas, and blew up the Nord Stream pipeline.
Since everything uses oil for transportation of goods, everything nearly doubled in price.
Biden only slowly brought prices back down a little by dumping the strategic oil reserves.

 

[WorldWatcher]

But it needs to be emphasized that buying an NDA to prevent a private story from getting publicity is perfectly legal,

But it needs to be emphasized that nobody was charged for for paying for the NDA as NDAs are legal.

Implying that someone was charged a crime for getting the NDA in this case is not true.

WW

 

[WorldWatcher]

Felonious falsification of business records is when you harm buyers by fraudulently inflating the value of stock you are selling.
Trump was not selling anything, so the law does not at all apply.

Again false.

The New York law is about falsifying records to aid in our hide another crime. The business records were falsified to launder the money to Cohen to hide his Federal crime. A crime he was charged with and convicted of.

WW

 

[berg80]

Appeals court judge rejects Trump effort to cancel hush money sentencing on Friday​

NEW YORK — An appeals court judge on Tuesday rejected President-elect Donald Trump’s last-ditch bid to halt his Friday sentencing for his criminal conviction in the Manhattan hush money case.

In a one-page decision, Associate Justice Ellen Gesmer denied Trump’s effort to postpone his sentencing while he appeals his conviction.

https://www.politico.com/news/2025/01/07/trump-hush-money-sentencing-appeal-denied-00196892

https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=rA7PqixPnzGTvm5_PLUS_jdT6NA==

It appears a modicum of justice will be served on Friday. trump's final attempt at lawfare to delay the sentencing has failed.

 

[kyzr]

I don't think so, at least not in normal process. It would first go through the Appellate Division, and then the State Court of Appeals before an appeal to the USSC court be made.

If Merchan refuses to close the case, it could be removed to the Federal District Court for the SDNY, there is an obvious Federal interest in the case. There will be a new US Attorney for the SDNY shortly, who would presumably dismiss the case for the same reasons as the others.

If the Merchan sentence is nothing, can Trump still appeal the 34 felony convictions?

 

[dudmuck]

But it needs to be emphasized that buying an NDA to prevent a private story from getting publicity is perfectly legal.
If there is anything illegal about it, it would be that Stormy Daniels is really blackmailing Trump.
And paying blackmail is not what is illegal.

The NY laws against bookkeeping fraud are about scammers inflating the value of stocks they are trying to sell, by adding false profit entries.

the thing that made it illegal is why Michael Cohen went jail, for making a campaign contribution exceeded the $2.300 limit because the payment to stormy was made during the campaign to keep her quiet, hence its a contribution to the campaign.

 

[WEATHER53]

The had to witch hunt and peck down to the 6th level because NDA are legal. AND (gasp) they generally hide unfavorable details. That’s legal also. Witch hunting prosecutors and judges decided for themselves that Trump intended to influence voters by keeping those personal facts quiet. He is also allowed to do that. Then they dug further into the minor leagues and decided the accounts the payments came from were for campaign purposes only so he was illegally using campaign funds
It’s lawfare in the extreme and any legal authority outside of NY knows that and has already said that. But it’s the smearing that TDS lib loons live for; not the actually legality or illegality

 

[Fort Fun Indiana]

No he did not. He rejected the motion to dismiss based on the immunity claim.

There are other motions still to be decided.

Merchan however upheld the verdict.

It's just a fact.

And after Friday, the history books can write that the fat slob was our only felon president.

 

[Man With A Plan]

the thing that made it illegal is why Michael Cohen went jail, for making a campaign contribution exceeded the $2.300 limit because the payment to stormy was made during the campaign to keep her quiet, hence its a contribution to the campaign.

Michael Cohen went to jail on tax evasion charges where he immediately cut a deal with prosecutors to lie his ass off for a shorter sentence.

 

[dudmuck]

Michael Cohen went to jail on tax evasion charges where he immediately cut a deal with prosecutors to lie his ass off for a shorter sentence.

he was charged with tax evasion and campaign finance violations

 

[para bellum]

If the Merchan sentence is nothing, can Trump still appeal the 34 felony convictions?

Yes he can. He can appeal the judgement without appealing the sentence. It is CPL 450.10 (1)

The risk is that the appeals court would reverse and remand, and there would be another trial, although the appeals court has the authority to reverse Merchan and dismiss the indictment as well.

N.Y. Crim. Proc. Law § 450.10 – Appeal by defendant to intermediate appellate court

An appeal to an intermediate appellate court may be taken as of right by the defendant from the following judgment, sentence and…

newyork.public.law

 

[para bellum]

Michael Cohen went to jail on tax evasion charges where he immediately cut a deal with prosecutors to lie his ass off for a shorter sentence.

And most importantly to Cohen, to keep his wife out of prison for the tax evasions, because they filed jointly.

 

[Contumacious]

Judge Denies Trump’s Bid to Throw Out Conviction Over Immunity Ruling​

A judge on Monday rejected Donald J. Trump’s argument that a recent Supreme Court ruling had nullified his criminal case in New York, upholding the former and future president’s felony conviction for falsifying records to cover up a sex scandal.

The judge’s ruling preserves, at least for now, the stain of Mr. Trump’s criminal conviction. And if it withstands Mr. Trump’s appeal, it will make him the first felon to serve as president.

The ruling, which addressed the Supreme Court’s decision to grant presidents broad immunity for their official actions, thwarted only the first of several legal maneuvers Mr. Trump has concocted to clear his record of 34 felonies before returning to the White House.

Prosecutors had argued that the Supreme Court’s decision had “no bearing on this prosecution,” noting that Mr. Trump was convicted of orchestrating a scheme involving a personal and political crisis that predated his presidency.

Judge Denies Trump’s Bid to Throw Out Conviction Over Immunity Ruling

Justice Juan M. Merchan thwarted one of several attempts by Donald J. Trump to clear his record of 34 felonies before returning to the White House.

www.nytimes.com

All most of us want is accountability for crimes committed.

Juan "El Pendejo" Merchan wants to protect his daughter - Loren's - profitable relationship with the Socialist Demon Rats

https://www.cnn.com/2024/08/28/politics/jordan-subpoenas-company-daughter-of-judge-trump-trial/index.html

 

[Mac1958]

Why does Trump want this delayed?

He won't be going to jail, obviously, and he's not held to any kind of standards.

Just get it over with, and it will be forgotten in 24 hours. America doesn't care.

 

[bendog]

Yes he can. He can appeal the judgement without appealing the sentence. It is CPL 450.10 (1)

The risk is that the appeals court would reverse and remand, and there would be another trial, although the appeals court has the authority to reverse Merchan and dismiss the indictment as well.

N.Y. Crim. Proc. Law § 450.10 – Appeal by defendant to intermediate appellate court

An appeal to an intermediate appellate court may be taken as of right by the defendant from the following judgment, sentence and…

newyork.public.law

I'm not licensed in NY, but that seems .... incorrect

CPL 450.10 (1), WHICH PURPORTS TO PROHIBIT AN ‘EXCESSIVE SENTENCE’ APPEAL AFTER A GUILTY PLEA, IS UNCONSTITUTIONAL, DEFENDANT’S WAIVER OF APPEAL, HOWEVER, WAS VALID (SECOND DEPT). – New York Appellate Digest

www.newyorkappellatedigest.com

 

[WorldWatcher]

Why does Trump want this delayed?

He won't be going to jail, obviously, and he's not held to any kind of standards.

Just get it over with, and it will be forgotten in 24 hours. America doesn't care.

You'd think Trump would want this to conclude as soon as possible. That way he can appeal and get it overturned.

Not on the merits mind you.

But on a technicality because - well - he's rich and famous and part of the political elite, therefore above the laws that apply to the peons.

WW