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Judge to Decide Trump’s Criminal Conviction Appeal This Week
NEW YORK – A critical ruling is expected this week from a New York judge regarding the criminal conviction of President-elect Donald Trump. The case centers on hush money payments made to an adult film actress, with Justice Juan Merchan slated to announce his decision by Tuesday. This ruling is especially significant following the U.S. Supreme Court’s recent decision in July regarding presidential immunity.
Justice Merchan’s upcoming decision is the first of two important determinations he must make after Trump’s recent election victory on November 5. In addition to addressing the immunity argument, the judge will also consider whether to proceed with Trump’s scheduled sentencing on November 26. Legal analysts suggest that it is improbable sentencing will occur before Trump’s inauguration on January 20.
A favorable ruling for Trump concerning immunity or any delay in sentencing could enable his path back to the presidency, unimpeded by the four criminal cases that previously seemed to jeopardize his aspirations.
Meanwhile, officials within the U.S. Justice Department are evaluating how to conclude two federal criminal cases against Trump, initiated by Special Counsel Jack Smith. This scrutiny is part of an established policy that discourages prosecuting a sitting president. Another case pending in Georgia involves state-level charges related to Trump’s attempts to overturn the 2020 election results, which remains unresolved.
Trump, 78, has maintained his innocence across all four cases, framing them as politically motivated attacks orchestrated by associates of Democratic President Joe Biden to undermine his campaign efforts.
“It is now abundantly clear that Americans want an immediate end to the weaponization of our justice system,” stated Trump’s campaign spokesperson, Steven Cheung, in a recent communication.
In May, Trump made history as the first U.S. president to face a criminal conviction, following a jury’s decision in Manhattan that found him guilty on state charges related to falsifying business records linked to a potential sex scandal prior to his initial presidential victory in 2016. Trump has signaled intentions to appeal the verdict after sentencing.
His legal team contends that the ongoing case should be dismissed based on the Supreme Court’s recent ruling on presidential immunity. The Supreme Court’s decision, stemming from one of Smith’s prosecutions against Trump, affirmed that presidents are shielded from criminal prosecution concerning their official duties. It also indicated that juries cannot be presented with evidence of official actions when evaluating cases of personal conduct, marking a significant acknowledgment of limited presidential immunity.
Trump’s attorneys argue that the jury’s conviction was influenced by evidence related to his presidency, including social media posts and testimony from former aides about discussions held during his time in office from 2017 to 2021.
Conversely, prosecutors led by Manhattan District Attorney Alvin Bragg, a Democrat, assert that the Supreme Court’s ruling does not apply in this instance, emphasizing that the charges focus on “wholly unofficial conduct.” The court’s decision explicitly stated that no immunity exists for unofficial actions taken by a president.
Even if Justice Merchan opts to maintain the conviction, it is anticipated that Trump’s lawyers will seek to postpone the sentencing. He faces a potential sentence of up to four years in prison, having been found guilty of 34 felony counts. Legal experts suggest that while alternatives such as fines or probation seem more probable, a prison sentence cannot be entirely ruled out.
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