aggiejayrod said:

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GeorgiAg said:

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Im Gipper said:

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Now he has immunity for anything he does now!

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You know that is a lie. Be better than that!

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So now YOU'RE predicting he goes to jail?

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Are you a real lawyer or are you a lawyer like ally mcbeal is a lawyer?

Logic games was tough for some testing takers but you get that arguing against all doesn't mean arguing for none? Right?

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See the little winky face emoji?

aggiehawg said:

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And what is the prosecution's reason for wanting the delay? They know their case will be tossed if Trump is allowed to appeal?

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Trump asked to file a motion to dismiss the case after he won the election and asked the case to be stayed (i.e. not proceed to sentencing) while the motion is considered.

The State did not delaying sentencing while the Court decides Trump's motion. Which is the correct thing to do. The case should not proceed to sentencing if there's a possibility it should be dismissed altogether.

Im Gipper said:

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Since when has a judge ever been forced to do something one party has requested? Or even both parties have requested?

Merchan is not bound to honor any requests if he doesn't want to. Hell, he doesn't even have to rule on each and every defense motion and has not ruled.

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That is true! Merchan can rule whenever he wants.

But the fact remains, for now, that he is doing what Trump asked him to do. That could change with the next filing from Team Trump.

And do not mistake this to mean I believe Mercan has altruistic motives here. He clearly does not. He is doing what the State asked, it just so happens Trump asked for the same thing!

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Yep. And that people are angry at the Judge and suggesting the Judge is harming Trump by doing exactly what Trump asked for is beyond silly

🚨 BREAKING: President-elect Donald Trump's transition team celebrates "definitive victory" for Trump over the New York hush money case

“This is a total and definitive victory for President Trump and the American People who elected him in a landslide."

"The Manhattan DA has… pic.twitter.com/6ykY4okKgy

— Eric Daugherty (@EricLDaugh) November 19, 2024

Turley wrote an opinion piece on all of this.

https://jonathanturley.org/2024/11/20/the-layaway-presidency-how-alvin-bragg-would-create-a-new-constitutional-creature/

Merchan grants Trump request to file motion to dismiss and postpone sentencing indefinitely

Trump getting all the wants

Im Gipper said:

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reagssy

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????

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Judge Juan Merchan on Friday granted President-elect Donald Trump's request to file a motion to dismiss the charges in New York v. Trump and removed the sentencing date for the president-elect from the schedule.
Merchan said Trump attorneys have until December 2 to file their motion for dismissal. Merchan said Bragg has until December 9 to respond.
Merchan also confirmed the stay in sentencing for Trump, which was requested by both Trump and Bragg attorneys. The sentencing was scheduled for Nov. 26, but on Friday, Merchan said that date "is adjourned."

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In a letter to Merchan on Wednesday, Trump defense attorney and now-nominee for Deputy Attorney General Todd Blanche demanded the case against President-elect Donald Trump be tossed.

"On November 5, 2024, the Nation's People issued a mandate that supersedes the political motivations of DANY's 'People,'" Blanche wrote. "This case must be immediately dismissed."

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LINK

Just milking every news cycle they can out of this.

Technically the claim of 34 felonies aren't convictions until Merchan finalizes the case. It's just an open ended case to date.

Still don't even know what the underlying crime was to justify the enhancement and the ability to waive the statute of limitations.

Im Gipper said:

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Merchan grants Trump request to file motion to dismiss and postpone sentencing indefinitely

Trump getting all the wants

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No, he didn't get all he wanted. Trump wanted until 12/20 to file the motion and he wanted Merchan to decide this motion before he could decide their previously filed motion. Trump also wanted to see Jack Smith's filings in federal courts which are due 12/2.

Rather, Merchan granted the state its preferred scheduled having all briefing done by 12/9 and set it up to decide both motions simultaneously. Trump's motion is due 12/2 instead of 12/20. Trump won't see Jack Smith's filings first like he said he needed to see.

He also said Trump doesn't get to file a reply brief.

Trump also wantes it stayed now as a matter of law due to the Presidential transition period. Merchan stayed sentencing only insofar as he's passing the November 26 date.

Trump was trying to run out the clock via scheduling. Merchan did not give them that.

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Rather, Merchan granted the state its preferred scheduled having all briefing done, including their response, by 12/9 and set it up to decide both motions simultaneously. Trump's motion is due 12/2 instead of 12/20

Trump was trying to run out the clock. Merchan did not give them that.

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Merchan hasn't even given Trump justice. He doesn't want justice and never did. Merchan is a co-conspirator with the DOJ and Alvin Bragg's office in attempting to steal a presidential election.

MarkTwain said:

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Just milking every news cycle they can out of this.

Technically the claim of 34 felonies aren't convictions until Merchan finalizes the case. It's just an open ended case to date.

Still don't even know what the underlying crime was to justify the enhancement and the ability to waive the statute of limitations.

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And along those lines, those jury instructions were complete crap and would never pass constitutional muster upon appellate review. Last term there was SCOTUS opinion reinforcing that a jury must be unanimous on all elements of the crime(s) charged. Merchan explicitly told the jury they could choose from a menu of predicate crimes elevating the charges to felonies and di not have to be unanimous.

So what will happen next- are the options either delay pending Trump's four-year term or dismiss the case altogether?

If the latter, would that vacate the jury's guilty verdicts?

I guess the MSM will stick to the talking point of him being found guilty by a jury, at a minimum. Maybe they'll repeat "convicted felon" but in the past tense of he "was" one.

Marvin said:

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So what will happen next- are the options either delay pending Trump's four-year term or dismiss the case altogether?

If the latter, would that vacate the jury's guilty verdicts?

I guess the MSM will stick to the talking point of him being found guilty by a jury, at a minimum. Maybe they'll repeat "convicted felon" but in the past tense of he "was" one.

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If he dismisses the case, yes the jury verdict is nullified.

Still concerned about the constitutionality of having the president's property and other assets under the thumb of a retired New York state court magistrate.

Seems like a bad idea all around.

Marvin said:

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I guess the MSM will stick to the talking point of him being found guilty by a jury, at a minimum. Maybe they'll repeat "convicted felon" but in the past tense of he "was" one.

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He isn't yet a convicted felon. But they'll continue with that lie. Justice is still denied.

Breaking:

Judge Merchan just rejected Trump's argument that the Supreme Court's immunity ruling had nullified his criminal case in New York — upholding Trump's felony conviction for falsifying records to cover up a sex scandal.

— Kyle Griffin (@kylegriffin1) December 16, 2024

Motion to dismiss has not been ruled on, this is just the immunity argument which is not nearly as strong an argument.

Merchan ruled that the evidence presented in the trial was related "entirely to unofficial conduct and thus, receive no immunity protections."

"Further, even if this Court were to deem all of the contested evidence, both preserved and unpreserved, as official conduct falling within the outer perimeter of Defendant's Presidential authority, it would still find that the People's use of these acts as evidence of the decidedly personal acts of falsifying business records poses no danger of intrusion on the authority and function of the Executive Branch, a conclusion amply supported by non-motive-related evidence," Merchan writes.

Merchan also argued that the Court said "if error occurred regarding the introduction of the challenged evidence, such error was harmless in light of the overwhelming evidence of guilt."

Merchan rejected that request, but has yet to rule on President-elect Trump's formal motion to dismiss the case altogether.

"Today's decision by deeply conflicted, acting Justice Merchan in the Manhattan DA Witch Hunt is a direct violation of the Supreme Court's decision on immunity, and other longstanding jurisprudence," Trump spokesman and incoming White House communications director Steven Cheung told Fox News Digital. "This lawless case should have never been brought, and the Constitution demands that it be immediately dismissed, as President Trump must be allowed to continue the Presidential Transition process, and execute the vital duties of the presidency, unobstructed by the remains of this, or any other, Witch Hunt."

If he pursues this, shouldn't every single business man in NYC be terrified?

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Merchan also argued that the Court said "if error occurred regarding the introduction of the challenged evidence, such error was harmless in light of the overwhelming evidence of guilt."

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I'm quite a distance from being a lawyer, but even I could tell so much of that trial was an enormous stretch.

This ruling was only on the issue of immunity on the standards set forth by the Supreme Court earlier this year.

Still pending is Trump's motion to dismiss based on the supremacy clause & that a president cannot be subject to prosecution by states (or feds for that matter).

Merchan could have dismissed the case without having to write this opinion on immunity. But he couldn't help himself. He had to have another whining diatribe.

Everyone knows that the law says they cannot keep going after president Trump and the case should be dismissed. So they are twisting themselves in knots trying to find a way around that.

Bragg's office has proposed some silly alternatives to dismissal: 1) freezing the case until Trump leaves office in 2029, 2) agreeing that any future sentence won't include jail time, or 3) closing the case by noting he was convicted but that he wasn't sentenced and his appeal wasn't resolved because of presidential immunity.

So merchan might still be mulling over which of those improper routes to take. Any of which will be overturned.

I think they'll stick with claiming he was convicted but can't be sentenced.

Merchan is going to continue prostituting himself to the radical left. He does not remotely care that they've completely created crimes for the purpose of getting Trump. He has full blown TDS and is a fascist.

I could take the time to look this up, but hasn't Merchan been the prevailing judge in one of the outstanding cases involving Republicans?

It's not J6, wrong jurisdiction. All I immediately remember is there are 8-10 folks that Merchan, conveniently, ended up presiding over. For anyone that believes in freedom and liberty, getting Merchan in NYC as a judge would be similar to getting Beryl Howell in the DC circuit.

Although, most judges in NYC will likely always lean towards supporting the power of the government, some are quite a bit worse than others.

Ellis Wyatt said:

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I think they'll stick with claiming he was convicted but can't be sentenced.

Merchan is going to continue prostituting himself to the radical left. He does not remotely care that they've completely created crimes for the purpose of getting Trump. He has full blown TDS and is a fascist.

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Long 4 years for him

So is Merchan still enforcing the gag order on Trump and his legal team?

MarkTwain said:

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So is Merchan still enforcing the gag order on Trump and his legal team?

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Appears so, subject to this release.

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The judge in Donald Trump's hush money trial has lifted portions of the gag order restricting what the former president can say about witnesses in the trial, such as Michael Cohen and Stormy Daniels, two days before Trump will square off against President Joe Biden at the CNN Presidential Debate.

Trump, however, cannot discuss any prosecutor, court staffer or their family members, according to a court order on Tuesday from Judge Juan Merchan that rolls back parts of the gag order imposed before the trial began. That aspect of the gag order remains in effect at least until his sentencing, which is set for July 11.

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LINK

Since Trump still has not been sentenced nor a judgment entered against him, should still be in effect.

That sounds like a restriction against Trump's presidential power (at least in the case if his DOJ begins to look into corruption in the Manhattan DA's office).

SwigAg11 said:

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That sounds like a restriction against Trump's presidential power (at least in the case if his DOJ begins to look into corruption in the Manhattan DA's office).

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Well as a practical matter, once Trump is a sitting President, what can Merchan do? Hold him in contempt? Attempt to fine him?

MarkTwain said:

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So is Merchan still enforcing the gag order on Trump and his legal team?

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The gag order is in effect. Most recent news there, I think, is that a media company has been litigating it for awhile, but US Supreme Court declined to lift the gag order last week. (https://www.supremecourt.gov/docket/docketfiles/html/public/24a328.html)

MarkTwain said:

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Just milking every news cycle they can out of this.

Technically the claim of 34 felonies aren't convictions until Merchan finalizes the case. It's just an open ended case to date.

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This is incorrect. Trump was convicted on May 30, 2024 when the jury verdict was entered onto the docket.

Trump has not been sentenced nor has judgment been entered, as that comprises the conviction and sentencing.

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New York Criminal Procedure Law - CPL 1.20:

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12. "Verdict" means the announcement by a jury in the case of a jury trial, or by the court in the case of a non-jury trial, of its decision upon the defendant's guilt or innocence of the charges submitted to or considered by it.
13. "Conviction" means the entry of a plea of guilty to, or a verdict of guilty upon, an accusatory instrument other than a felony complaint, or to one or more counts of such instrument.
14. "Sentence" means the imposition and entry of sentence upon a conviction.
15. "Judgment." A judgment is comprised of a conviction and the sentence imposed thereon and is completed by imposition and entry of the sentence.

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https://codes.findlaw.com/ny/criminal-procedure-law/cpl-sect-1-20/

TXAggie2011 said:

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MarkTwain said:

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Just milking every news cycle they can out of this.

Technically the claim of 34 felonies aren't convictions until Merchan finalizes the case. It's just an open ended case to date.

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This is incorrect. Trump was convicted on May 30, 2024 when the jury verdict was entered onto the docket.

Trump has not been sentenced nor has judgment been entered, as that comprises the conviction and sentencing.

Quote:

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New York Criminal Procedure Law - CPL 1.20:

...

12. "Verdict" means the announcement by a jury in the case of a jury trial, or by the court in the case of a non-jury trial, of its decision upon the defendant's guilt or innocence of the charges submitted to or considered by it.
13. "Conviction" means the entry of a plea of guilty to, or a verdict of guilty upon, an accusatory instrument other than a felony complaint, or to one or more counts of such instrument.
14. "Sentence" means the imposition and entry of sentence upon a conviction.
15. "Judgment." A judgment is comprised of a conviction and the sentence imposed thereon and is completed by imposition and entry of the sentence.

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https://codes.findlaw.com/ny/criminal-procedure-law/cpl-sect-1-20/

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Nobody cares at this point and they can scream "convicted felon 34 times" but it won't change the fact that Trump is POTUS and their lawfare failed to accomplish it's primary mission.

Anyone hear anything about this?

Quote:

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President Trump's defense team asked the judge, presiding over his hush-money trial, Juan Merchan, to dismiss the case based on "grave juror misconduct," according to a letter the attorneys sent to the judge in early December, which was made public on Tuesday.

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"We write regarding evidence of grave juror misconduct during the trial, which further illustrates the manifest unfairness of these proceedings and serves as yet another reason that the verdicts in this case cannot stand," a letter written by the two defense attorneys, Todd Blanche and Emil Bove, states. The specific allegations of the "extensive and pervasive misconduct" appeared to have been redacted.
The letter was sent to Judge Merchan on December 3 but was only made public on Tuesday, after the judge addressed the matter in his own letter sent to the attorneys on Monday, as the Sun reported.
"Turning next to Defendant's letter of December 3, 2024, alleging juror misconduct." Judge Merchan wrote on Monday. "Allegations of juror misconduct should be thoroughly investigated. However, this Court is prohibited from deciding such claims on the basis of mere hearsay and conjecture," Judge Merchan ruled. "This Court cannot allow the public filing of unsworn, and admittedly contested statements. To do so would threaten the safety of the jurors and violate the agreed upon Order Regulating Disclosure of Juror Information."

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Via Hot Air.

No, but Merchan is going to deny every single request Trump's team makes.

Mark Levin has made clear that they should completely bypass Merchan and go to the USSC for relief. Merchan is happy to keep slapping them down and wasting time and money. He is completely compromised.

Saw that earlier but the thing is absolutely redacted to high heavens. My guess is that it gets, at best, a perfunctory investigation and shrugged off. There were some other press reports detailing a bit more from the prosecution about how the defense either misquoted or misrepresented some statements. I wouldn't be surprised to see it be completely true or completely false. No way to evaluate any of it based on the court filings.

Which I'm actually okay with at this time. Not because there weren't shennanigans or w/e, but because once you expose jurors during that process it could bring a lot of outside nonsense and that needs to not spill into the system. Yeah the SDNY is completely corrupt and nothing should be trusted there and both the judge and jury are or have some bad actors, but that's a VERY dangerous line to tread on imho.

Ellis Wyatt said:

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No, but Merchan is going to deny every single request Trump's team makes.

Mark Levin has made clear that they should completely bypass Merchan and go to the USSC for relief. Merchan is happy to keep slapping them down and wasting time and money. He is completely compromised.

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I was just wondering what the juror misconduct was. Consulting outside sources? Deliberating before they were supposed to? Jury tampering from an outside party? Merchan's deputies doing or saying something to them?

That's what I want to know.

lol. Nobody cares. Zzzzzzzzzzzz