Judge to Decide on Trump’s Hush Money Conviction Case

AFP/APP

New York: A judge in Donald Trump’s New York criminal case is set to rule on Tuesday whether the US President-elect will face sentencing or if he will avoid punishment despite being convicted.

Trump was convicted of 34 felony counts in May after a jury found that he had fraudulently manipulated business records to cover up an alleged sexual encounter with a porn star ahead of the 2016 election.

Prosecutors argued that the concealment of the alleged affair was aimed at aiding his first presidential campaign.

Trump, who was scheduled to be sentenced on November 26, may escape punishment if Judge Juan Merchan decides to dismiss the case following a recent Supreme Court ruling on presidential immunity.

The landmark decision established that presidents enjoy broad immunity from prosecution for a range of actions carried out while in office. Trump’s lawyers have moved to have the case dismissed based on this ruling, but prosecutors have strongly opposed this motion.

If Judge Merchan dismisses the case, Trump, 78, will not be sentenced. However, if the case is not dismissed, Trump’s legal team is likely to seek to delay or oppose sentencing, claiming that it would interfere with his ability to govern once sworn in on January 20.

One of Trump’s lawyers, Emil Bove, argued in court filings that the case should be dismissed to avoid unconstitutional impediments to Trump’s duties as president.

Bove referenced the recent decision by Special Counsel Jack Smith to vacate deadlines in the 2020 election interference case, which was delayed indefinitely but not dropped outright.

The Manhattan prosecutor has acknowledged the unprecedented nature of these circumstances, emphasizing the need to balance the jury’s verdict with the impending presidential election.

Trump’s critics, including former Attorney General Bill Barr, have argued that the New York case, along with other ongoing investigations, are politically motivated. Barr added that such cases had been “extensively aired and rejected in the court of public opinion,” and further legal maneuvers would only serve to distract the country from the upcoming administration’s priorities.

Trump, who has repeatedly dismissed the hush money case as a “witch hunt,” insists that the charges should be dismissed.

In addition to the New York case, Trump is also facing two federal cases, including one related to his efforts to overturn the 2020 election and another involving the mishandling of classified documents after leaving office. As president, Trump would have the ability to intervene and potentially end these cases. Special Counsel Jack Smith has reportedly begun winding down these investigations.

While Trump may avoid accountability during his reelection bid, former prosecutor Randall Eliason called for sentencing to proceed in the New York case. However, he suggested that the judge could fashion a sentence that would not interfere with Trump’s presidential duties.