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New York Decide Juan Merchan abruptly canceled the scheduled November 26 sentencing of President-elect Donald Trump arising from his convictions in Could on falsifying enterprise data.
The decide’s order on Tuesday got here as Manhattan District Attorney Alvin Bragg notified the court docket that his workplace doesn’t oppose additional delays that would defer any sentencing “till after the top of the defendant’s upcoming presidential time period” in 2029. On the similar time, the DA opposes any try to dismiss the case.
Merchan appears flummoxed. He resembles Charlie Brown —wishy-washy. His dithering and vacillation are exceeded solely by his disregard for the legislation.
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He has had greater than 4 months to think about the pending protection movement to dismiss the case based mostly on the Supreme Court’s decision on July 1 that Trump had broad and presumptive immunity from prosecution for official acts as president.
At trial, Bragg wrongly relied on testimony and paperwork that certainly constituted “official acts.” It was essential to the prosecution’s case and tainted the jury. It ought to by no means have been countenanced by the decide who knew that the excessive court docket was contemplating that very concern.
On that foundation alone, the conviction needs to be overturned. However the protection additionally argues that Trump’s reelection deserves dismissal as a result of each a president and a president-elect are constitutionally immune from any felony course of, both state or federal.
What Merchan will do subsequent is a parlor sport.
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A lot of his present quandary is a results of a prosecution that ought to by no means have been introduced. Relying on the decide’s final disposition, the matter may wind its manner via the appellate courts for years to come back. By itself, the conviction stands an excellent probability of being overturned.
Decide Merchan appears flummoxed. He resembles Charlie Brown —wishy-washy. His dithering and vacillation are exceeded solely by his disregard for the legislation.
Bragg’s case in opposition to Trump was at all times incoherent, principally as a result of it’s not against the law to hide a wonderfully authorized non-disclosure settlement. However that didn’t deter him from whipping out his bag of magic tips.
In a screwball sleight of hand, the DA contorted the legislation by resurrecting lifeless enterprise file misdemeanors and transmuting them into phantom election felonies that he falsely portrayed as unduly influencing the 2016 presidential contest.
By no means thoughts that the transactions occurred a number of months after the election. Ignore the truth that Bragg, as an area prosecutor, had no jurisdiction to implement federal marketing campaign legal guidelines. Overlook that the funds to Stormy Daniels didn’t even qualify as marketing campaign contributions beneath any statute or regulation.
A reliable and goal decide would have tossed the Trump indictment within the rubbish the second it was filed in April 2023. On its face, it was patently poor, if not absurd, and a transparently politicized prosecution.
However Bragg’s shameless legerdemain didn’t hassle Decide Juan Merchan within the least. He was all in. His honor merrily went together with the hocus-pocus and joined the charade as co-prosecutor through the ensuing trial.
Let’s evaluate.
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Forsaking moral requirements within the Code of Judicial Conduct, Merchan refused to recuse himself regardless of a disqualifying battle of curiosity involving his personal improper marketing campaign donations and a daughter who appeared to have a monetary curiosity within the final result.
In a Draconian edict, the decide unconstitutionally silenced Trump with a gag order, thereby constraining the Republican nominee from defending himself within the court docket of public opinion prematurely of the 2024 election.
Convicted perjurer Michael Cohen was allowed free rein to spin his unbelievable tales on the witness stand. Daniels gratuitously waxed in raunchy element about an alleged sexual encounter that had no bearing by any means on whether or not data have been purportedly manipulated.
There’s extra. The decide precluded the protection from calling an essential professional witness to testify that no election legal guidelines have been ever damaged although Cohen —an professional on nothing— was permitted to inform the jury that they have been.
All through the trial, a “Heinz 57 Selection” of irrelevant, immaterial and prejudicial proof was deemed admissible by Merchan. His anti-Trump bias was pronounced. Reversible errors turned routine.
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The quintessential miscarriage of justice occurred when Merchan instructed the jury that it needn’t agree unanimously on every aspect of the felony offenses. That aberrant ruling obliterated U.S. Supreme Courtroom precedent.
The inexorable consequence is that Trump was disadvantaged of the best to correctly defend himself from the alleged underlying crimes as a result of Bragg’s prosecutors by no means absolutely disclosed which of them have been supposedly violated. They continue to be hidden nonetheless, together with the exact vote amongst jurors.
This wasn’t a good trial. It was a farce. Trump’s constitutionally protected due process rights have been shredded each day.
As I famous in a current column, the 2024 presidential election final result offers each prosecutor and decide a handy off-ramp to terminate this case earlier than enduring the embarrassment of being overturned by larger courts.
Their vindictive lawfare technique failed on the poll field. People weren’t fooled by Democrats who weaponized the legislation for political acquire.
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Make no mistake, Bragg and Merchan won’t ever acknowledge their misfeasance. However they’ve the chance to finish this misbegotten case now.
Will they do it? If the previous is prologue, no.
