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Trump asks the Supreme Court to block sentencing in his hush money case
Attorney Interview |
2025/01/07 07:03
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President-elect Donald Trump is asking the Supreme Court to call off Friday’s sentencing in his hush money case in New York.
Trump’s lawyers turned to the nation’s highest court on Wednesday after New York courts refused to postpone the sentencing by Judge Juan M. Merchan, who presided over Trump’s trial and conviction last May on 34 felony counts of falsifying business records. Trump has denied wrongdoing.
The justices asked for a response from prosecutors by Thursday morning. Trump’s team sought an immediate stay of the scheduled sentencing, saying it would wrongly restrict him as he prepares to take office. While Merchan has indicated he will not impose jail time, fines or probation, Trump’s lawyers argued a felony conviction would still have intolerable side effects.
The sentencing should be delayed as he appeals the conviction to “prevent grave injustice and harm to the institution of the Presidency and the operations of the federal government,” they argued.
The emergency motion is from lawyers John Sauer, Trump’s pick for solicitor general, who represents the government before the high court, and Todd Blanche, in line to be the second-ranking official at the Justice Department.
They also pointed to the Supreme Court ruling giving Trump and other presidents broad immunity from prosecutions over their actions in office, saying it supports their argument that his New York conviction should be overturned.
Their filing said the New York trial court “lacks authority to impose sentence and judgment on President Trump — or conduct any further criminal proceedings against him— until the resolution of his underlying appeal raising substantial claims of Presidential immunity, including by review in this Court if necessary.”
The Republican president-elect’s spokesman, Steven Cheung, called for the case to be dismissed in a statement. Trump simultaneously filed an emergency appeal in front of New York’s highest court.
The Manhattan district attorney’s office, meanwhile, said it will respond in court papers. Trump’s convictions arose from what prosecutors said was an attempt to cover up a $130,000 hush money payment to porn actor Stormy Daniels just before the 2016 presidential election.
Daniels claims she had a sexual encounter with Trump in 2006. He denies it.
The Supreme Court’s immunity opinion came in a separate election interference case against him, but Trump’s lawyers say it means some of the evidence used against him in his hush money trial should have been shielded by presidential immunity. That includes testimony from some White House aides and social media posts made while he was in office.
Merchan has disagreed, finding they would qualify as personal business. The Supreme Court’s immunity decision was largely about official acts of presidents while in office.
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Trump’s sentencing is set for Jan. 10. Here’s what could happen next
Attorney Interview |
2025/01/03 07:04
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Faced with the never-before-seen dilemma of how, when or even whether to sentence a former and future U.S. president, the judge in President-elect Donald Trump ‘s hush money case made a dramatic decision that could nevertheless bring the case to a muted end.
In a ruling Friday, Manhattan Judge Juan M. Merchan scheduled the sentencing for 10 days before Trump’s inauguration — but the judge indicated that he’s leaning toward a sentence that would amount to just closing the case without any real punishment. He said Trump could attend the Jan. 10 proceeding remotely because of his transition duties.
Still, that would leave Trump headed back to the White House with a felony conviction.
Will it come to that? Trump wants the conviction thrown out and the case dismissed, and communications director Steven Cheung said the president-elect will “keep fighting.” But it’s tough to predict just what will unfold in this unprecedented, unpredictable case. Here are some key questions and what we know about the answers:
Trump was convicted in May of 34 felony counts of falsifying his business’ records. They pertained to a $130,000 payment, made through his former personal lawyer in 2016, to keep porn actor Stormy Daniels from publicizing her story of having had sex with Trump a decade earlier. He denies her claim and says he’s done nothing wrong.
Trump’s sentencing was initially set for July 11. But at his lawyers’ request, the proceeding was postponed twice, eventually landing on a date in late November, after the presidential election. Then Trump won, and Merchan put everything on hold to consider what to do.
That won’t be final until the judge pronounces it, and he noted that by law, he has to give prosecutors and Trump an opportunity to weigh in. The charges carry potential penalties ranging from a fine or probation to up to four years in prison.
But the judge wrote that “the most viable option” appears to be what’s called an unconditional discharge. It wraps up a case without imprisonment, a fine or probation. But an unconditional discharge leaves a defendant’s conviction on the books.
And by law, every person convicted of a felony in New York must provide a DNA sample for the state’s crime databank, even in cases of an unconditional discharge.
Can Trump appeal to stop the sentencing from happening?
It’s murky. Appealing a conviction or sentence is one thing, but the ins and outs of challenging other types of decisions during a case are complicated.
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Former Manhattan Judge Diane Kiesel said that under New York law, Friday’s ruling can’t be appealed, but that “doesn’t mean he’s not going to try.”
Meanwhile, Trump’s lawyers have been trying to get a federal court to take control of the case. Prosecutors are due to file a response with the U.S. 2nd Circuit Court of Appeals by Jan. 13, three days after Trump now is to be sentenced.
The defense also has suggested it would seek the U.S. Supreme Court’s intervention if Merchan didn’t throw out the case. In a Nov. 25 letter to the judge, Trump’s attorneys contended that the U.S. Constitution permits an appeal to the high court because the defense is making arguments about presidential immunity.
Much of their argument concerns the Supreme Court’s July ruling on that topic, which afforded considerable legal protections to presidents. Trump’s attorneys might try to convince the Supreme Court that it needs to follow up by getting involved now in the hush money case.
A Trump spokesperson said no decision had been made on whether to challenge Merchan’s ruling.
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ICC issues arrest warrants for Netanyahu and Hamas officials
Attorney Interview |
2024/11/20 15:51
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The International Criminal Court issued arrest warrants on Thursday for Israeli Prime Minister Benjamin Netanyahu, his former defense minister and Hamas officials, accusing them of war crimes and crimes against humanity over their 13-month war in Gaza and the October 2023 attack on Israel respectively.
Netanyahu condemned the arrest warrant against him, saying Israel “rejects with disgust the absurd and false actions.” In a statement released by his office, he said: “There is nothing more just than the war that Israel has been waging in Gaza.”
The decision turns Netanyahu and the others into internationally wanted suspects and is likely to further isolate them and complicate efforts to negotiate a cease-fire to end the fighting. But its practical implications could be limited since Israel and its major ally, the United States, are not members of the court and two of the Hamas officials were killed in the conflict.
Netanyahu and other Israeli leaders have condemned ICC Chief Prosecutor Karim Khan’s request for warrants as disgraceful and antisemitic. U.S. President Joe Biden blasted the prosecutor and expressed support for Israel’s right to defend itself against Hamas. Hamas also slammed the request.
The three-judge panel issued a unanimous decision to issue warrants for Netanyahu and his former defense minister, Yoav Gallant.
“The Chamber considered that there are reasonable grounds to believe that both individuals intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity,” the decision said.
The court also issued a warrant for Mohammed Deif, one of the leaders of Hamas, over the October 2023 attacks that triggered Israel’s offensive in Gaza. The ICC chief prosecutor withdrew his request for warrants for two other senior Hamas figures, Yahya Sinwar and Ismail Haniyeh, after they were both killed in the conflict.
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High court won’t review Kari Lake’s appeal over 2022 governor’s race defeat
Attorney Interview |
2024/11/08 08:19
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The Arizona Supreme Court has declined to hear Republican Kari Lake’s latest appeal over her defeat in the 2022 governor’s race, marking yet another loss in her attempt to overturn the race’s outcome.
The court made its refusal to take up the former TV anchor’s appeal public on Thursday without explaining its decision.
Lake, now locked in a U.S. Senate race against Democrat Ruben Gallego, had lost the governor’s race to Democrat Katie Hobbs by over 17,000 votes.
The courts had previously rejected Lake’s claims that problems with ballot printers at some Maricopa County polling places on Election Day in 2022 were the result of intentional misconduct and that Maricopa County didn’t verify signatures on mail ballots as required by law. A judge also turned down Lake’s request to examine the ballot envelopes of 1.3 million early voters. In all, Lake had three trials related to the 2022 election.
Despite her earlier losses in court and a ruling affirming Hobbs’ victory, Lake had asked the Arizona Supreme Court to review her case, claiming she had new evidence to support her claims. Lawyers for Maricopa County told the court that Lake failed to present any new evidence that would change the courts’ findings.
Lake is among the most vocal of Republican candidates promoting lies that Donald Trump had won the 2020 election over President Joe Biden, which she made the centerpiece of her campaign for governor. While most other election deniers around the country conceded after losing their races, Lake did not.
The Lake campaign didn’t respond to an email seeking comment on the Supreme Court’s latest decision.
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