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    Home » Blog » This Week In Lawfare Land: Will Merchan Move Forward With Sentencing Trump 48 Days Before Election Day?

    This Week In Lawfare Land: Will Merchan Move Forward With Sentencing Trump 48 Days Before Election Day?

    August 19, 2024Updated:August 19, 2024 Editors Picks No Comments
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    The former leader is still actively fighting efforts to arrest him in New York and Washington, D.C. after a Supreme Court decision more doubted the legitimacy of the lawfare cases, even though the cases against him in Georgia and Florida have neither stalled or completely failed.

    Trump is attempting to postpone a sentencing hearing in New York that is now scheduled to occur 48 days before the election. On Monday, District Attorney Alvin Bragg tossed the ball into Judge Juan Merchan’s judge, saying he did not consider a position on Trump’s request for a wait.

    The most recent details about each event are provided here.

    Read our past blogs around.

    Manhattan, New York: Prosecution by DA Alvin Bragg for NDA Payment

    How did we get to this point: Former president Donald Trump was charged with 34 misdemeanor counts for allegedly falsifying business documents related to a non-disclosure agreement Michael Cohen’s former attorney Michael Cohen paid to sexual film actress Stormy Daniels by Manhattan District Attorney Alvin Bragg, who” campaigned as the best candidate to go after the original president.”

    The jury returned a guilty verdict on May 30 that Trump is expected to elegance. This criminal prosecution ended. President Trump’s ability to run for president is unaffected by the faith, but it may have some issues with his ability to run a current political campaign.

    Recent innovations: The Missouri Attorney General Andrew Bailey attempted to postpone President Trump’s punishment until after the November election, but the U.S. Supreme Court rejected that request. &nbsp, In an unconventional move, the Missouri attorney general, on behalf of Missouri, sued the state of New York, alleging that the hush money prosecution and sentencing violated Missouri voters ‘ rights and impeded their ability to “fully engag]e ] with and hear] ] from a major-party Presidential candidate in the run up to the November election”. The Supreme Court has jurisdiction to hear matches between state, but it denied Missouri’s demand. &nbsp,

    On Wednesday, President Trump’s lawyers requested to wait the punishment reading until after the November election. Monday, Bragg’s company declined to take a place on the ask, which is now pending before Judge Juan Merchan.

    Fulton County, Georgia: Prosecution by DA Fani Willis for Questioning Election Benefits

    How did we get below: District Attorney Fani Willis, who allegedly tried to challenge the Georgia election results, charged Trump with 13 criminal counts, including criminal charges. While the Georgia Court of Appeals hears an appeal regarding Willis ‘ eligibility from the case, this case is currently stalled.

    Latest innovations: &nbsp, No fresh updates. &nbsp,

    Southwestern District of Florida: Prosecution by Biden DOJ for Handling of Classified Records

    How we got these: In this federal criminal situation, Special Counsel Jack Smith and federal prosecutors with Biden’s Justice Department&nbsp, charged former President Trump in June 2023 with 40 national costs related to his reported mishandling of classified documents&nbsp, at his Mar-a-Lago home. In earlier May, Judge Aileen Cannon postponed this trial continuously. &nbsp,

    On July 15, &nbsp, Judge Cannon&nbsp, dismissed&nbsp, the whole event because the session of Special Counsel Jack Smith violated the Constitution. In particular, the interview was unlawful because of poor money, unsatisfactory visit procedures by the President and Senate, and a lack of legal authority to file the case. &nbsp,

    Judge Cannon’s determination to dismiss the case was appealed by Special Counsel Jack Smith. The charm is now before the U. S. Court of Appeals for the 11th Circuit, and the special attorney’s starting small is expected August 27. &nbsp,

    Latest innovations: &nbsp, No fresh updates. &nbsp,

    Washington, D. C.: &nbsp, Prosecution by Biden DOJ for Jan. 6 Speech

    How we got these: In this federal criminal situation, Special Counsel Jack Smith&nbsp, charged former President Trump with four counts of conspiracy and obstruction&nbsp, related to his actions on Jan. 6, 2021. The First Amendment protects President Trump’s right to raise legitimate concerns about a dubious election process, according to President Trump’s attorneys, and that resistance extends to actions taken by him while acting in his official capacity. The Supreme Court received the case. &nbsp,

    On July 1, the Supreme Court issued a big decision in&nbsp, Trump v. United States&nbsp, and determined that a former leader is entitled” to total immunity from legal trial” for “actions within]the President’s ] convincing and preclusive legal authority”. These would be activities such as national clemency, vetoes of policy, naming and managing agency representatives, and recognizing foreign governments. Further, for anything else a president does that is within the “outer perimeter of the president’s official responsibilities”, there is still a presumption of immunity from criminal prosecution. A lower court will determine the extent of what falls under this “outer perimeter,” but presumptuously anything a president does acting in that capacity, rather than just a campaign capacity, could have immunity for.

    Latest developments: &nbsp, Following the Supreme Court’s decision on immunity, Special Counsel Jack Smith requested a delay until Aug. 30 to allow prosecutors time to decide next steps in this case. &nbsp, Judge Chutkan granted the delay request. &nbsp,

    Judge Chutkan handed back to former president Donald Trump on Thursday, giving him another victory as he was told that he is permitted to rely on certain classified documents in his defense. Because Judge Chutkan’s order was kept secret, the nature of the classified documents is still a mystery. &nbsp,

    New York: Lawsuit by A. G. Letitia James&nbsp, for Inflating Net Worth

    How we got here: Democrat Attorney General Letitia James — who&nbsp, campaigned&nbsp, on going after Trump — sued former President Trump alleging that he misled banks, insurers, and others about his net worth to obtain loans, although none of the parties involved claimed to have been injured. &nbsp, Following a no-jury trial, &nbsp, Judge Arthur Engoron&nbsp, issued a decision&nbsp, in February&nbsp, ordering Trump to pay a$ 454 million penalty. Trump has appealed this decision and posted a required&nbsp,$ 175 million appeal bond. &nbsp,

    Latest developments: No new updates.


    Oliver Roberts is an associate with Holtzman Vogel Baran Torchinksy &amp, Josefiak PLLC, while Steve Roberts is a partner. They can be reached at sroberts @holtzmanvogel.com and oroberts @holtzmanvogel.com.

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