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Judge delays decision on whether to overturn Trump’s conviction in secret money case | News, sports, jobs
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Judge delays decision on whether to overturn Trump’s conviction in secret money case | News, sports, jobs


Judge delays decision on whether to overturn Trump’s conviction in secret money case | News, sports, jobs

Former President Donald Trump, with defense attorney Todd Blanche, speaks at the end of the day’s proceedings in his trial in Manhattan Criminal Court, Tuesday, May 14, 2024, in New York. (AP Photo/Craig Ruttle, Pool)

NEW YORK (AP) — A judge has postponed a decision on whether to overturn President-elect Donald Trump’s conviction for remaining silent as prosecutors consider how to proceed in light of last week’s election and his lawyers argue for his firing so he can govern the country.

The adjournment announced Tuesday comes at a dramatic and dynamic moment in the New York case, which centered on how Trump accounted for payments to a porn actor before the 2016 election and produced the first conviction of a former commander in chief.

Sentencing had been set for Nov. 26, but Manhattan prosecutors now say they are reevaluating and appear open to the possibility that the trial may not go as planned.

“These are unprecedented circumstances” Deputy District Attorney Matthew Colangelo wrote in an email to the court. He said prosecutors must consider how to balance the “competing interests” of the verdict of the jury and the presidency.

Meanwhile, Trump’s lawyer, Emil Bove, argued that the case should be dismissed entirely. “to avoid unconstitutional impediments to President Trump’s ability to govern.”

The messages were exchanged over the weekend and were published on Tuesday, when Judge Juan M. Merchán was due to rule on Trump’s lawyers’ earlier request to overturn his conviction for a different reason: because of a Supreme Court ruling. of the United States this summer on presidential immunity.

Instead, Merchan told Trump’s lawyers that he would halt the proceedings and delay the ruling until at least Nov. 19 so prosecutors can suggest a path forward. Both parties agreed to a one-week postponement.

Trump campaign spokesman Steven Cheung announced the delay. He said in a statement that the president-elect’s victory makes it “It is very clear that Americans want an immediate end to the militarization of our justice system, including this case, which should never have been brought.”

Prosecutors declined to comment.

A jury convicted Trump in May of falsifying business records related to a $130,000 payment to porn actress Stormy Daniels in 2016. The payment was to buy her silence about claims that she had sexual relations with Trump.

Trump says they did not have sex, denies any wrongdoing and maintains the prosecution was a political tactic intended to damage his latest campaign. Trump is a Republican. Manhattan District Attorney Alvin Bragg, whose office brought the case, is a Democrat, as is Merchan.

Just over a month after the verdict, the Supreme Court ruled that former presidents cannot be prosecuted for actions they took while governing the country, and prosecutors cannot cite those actions even to bolster a case focused on purely political issues. personal. conduct.

Trump’s lawyers cited that ruling to argue that the seized jury got some evidence it shouldn’t have, such as Trump’s presidential financial disclosure form and testimony from some White House aides.

Prosecutors disagreed and said the evidence in question was only “a splinter” of your case.

Trump’s criminal conviction was the first for any former president. It left the 78-year-old facing the possibility of a fine, probation or up to four years in prison.

The case centered on how Trump accounted for reimbursement to a personal attorney for the payment to Daniels.

The then-lawyer, Michael Cohen, advanced the money. He later recovered it through a series of payments that Trump’s company recorded as legal expenses. Trump, by then in the White House, signed most of the checks himself.

Prosecutors said the designation was intended to conceal the true purpose of the payments and help cover up a broader effort to prevent voters from hearing unflattering statements about Trump during his first campaign.

Trump said Cohen was legitimately paid for his legal services and that Daniels’ story was suppressed to avoid embarrassing Trump’s family, not to influence the electorate.

Trump was a private citizen campaigning for president when Cohen paid Daniels in October 2016. He was president when Cohen received the refund, and Cohen testified that they discussed the payment agreement in the Oval Office.

Trump has been fighting for months to overturn the verdict. While urging Merchan to overturn the conviction, the president-elect has also been trying to take the case to federal court. Before the election, a federal judge repeatedly said no to the measure, but Trump appealed.

Trump faces three other unrelated charges in various jurisdictions.

But Justice Department special counsel Jack Smith has been evaluating how to close both the 2020 election interference case and the separate classified documents case against Trump before he takes office, a person familiar with the matter told The Associated Press. the matter. The person spoke on condition of anonymity because they were not authorized to discuss the matter publicly. Longstanding Justice Department policy says sitting presidents cannot be prosecuted.

Meanwhile, a Georgia election interference case against Trump is largely on hold as he and other defendants appeal a judge’s ruling allowing Fulton County District Attorney Fani Willis to proceed with prosecution. .



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