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re: It's official. Trump's sentencing in New York is canceled indefinitely.

Posted on 11/22/24 at 10:46 am to
Posted by LegalEazyE
Madison, Wisconsin
Member since Nov 2023
6292 posts
Posted on 11/22/24 at 10:46 am to
quote:

Why not just dismiss it?


That would be too blatant a win for Trump.
Posted by blueboy
Member since Apr 2006
65390 posts
Posted on 11/22/24 at 10:59 am to
It still needs to be appealed. Trump did nothing wrong and I won't listen to shitheads call him a felon for the rest of my life.

I want exoneration, not suspension of sentencing. That's bullshite.
Posted by prouddawg
Member since Sep 2024
9158 posts
Posted on 11/22/24 at 12:36 pm to
quote:

Why not just dismiss it?


Same reason they’re still finding votes. They want to say “he didn’t win the popular vote so the election truly wasn’t a mandate by the people (against leftism).”

Same way, they don’t want to lose the talking point of “muh 34 felony convictions.”

It’s all semantics and the left is comprised of bitches - literal and figurative bitches. It’s what they do.
Posted by AgSGT
Dixon, MO
Member since Aug 2011
2093 posts
Posted on 11/22/24 at 12:52 pm to
so with this happening, and him not being sentenced, can the left no longer say his a convicted felon or was that a different case
Posted by vl100butch
Ridgeland, MS
Member since Sep 2005
37090 posts
Posted on 11/22/24 at 1:00 pm to
I've heard Alan Dershowitz say that once a decision is made note to sentence, he can go to the higher court with a "Writ of Mandmaus" to ask the higher court to review the case and throw it out.
Posted by Goforit
Member since Apr 2019
8759 posts
Posted on 11/22/24 at 1:47 pm to
The New York case violated Trump's constitutional rights. The case would certainly be overturned if it makes its way to the Supreme Court.

One lawyer gave another interesting take on the New York case now that Trump has been elected president:

Falsifying business records is a misdemeanour in New York state and can only be elevated to a more serious felony if done with the intent to defraud or conceal another crime. What was the other crime they claimed Trump committed? Assistant district attorney Christopher Conroy said Trump’s payments had been made to “conceal an illegal conspiracy to undermine the integrity of the 2016 presidential election.” They turned bookkeeping errors into felonies by claiming Trump conspired to break federal election laws. Many believe that since the other crime involves federal law it may be pre-empted by federal agencies and the Justice Department. They tried Trump on state charges predicated on his breaking a federal election law.

As President, Trump has the ability to pardon himself from any violation of federal law including federal election laws. All trump has to do is issue a pardon for the so-called violation of federal law that the state of New York used as a predicate for turning bookkeeping errors into felonies and the foundation of their case is destroyed.
Posted by WeeWee
Member since Aug 2012
45556 posts
Posted on 11/22/24 at 3:33 pm to
quote:

Falsifying business records is a misdemeanour in New York state and can only be elevated to a more serious felony if done with the intent to defraud or conceal another crime. What was the other crime they claimed Trump committed? Assistant district attorney Christopher Conroy said Trump’s payments had been made to “conceal an illegal conspiracy to undermine the integrity of the 2016 presidential election.” They turned bookkeeping errors into felonies by claiming Trump conspired to break federal election laws. Many believe that since the other crime involves federal law it may be pre-empted by federal agencies and the Justice Department. They tried Trump on state charges predicated on his breaking a federal election law.


Incorrect. They tried Trump used conspiracy to violate federal election laws to elevate the charges. The FEC has said that no violation of federal election laws covered it so they just said that his and Cohen's discussion was a conspiracy. Which is an even more of a violation of his rights than what you described because it tosses innocent until proven guilty right out the window. Like someone else said I don't want this case suspended or even dropped. It needs to go to the NY State Supreme Court and maybe even SCOTUS to get the conviction overturned and to set a precedent to stop this kind of manipulation of the law from happening to anyone ever again.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476658 posts
Posted on 11/22/24 at 3:51 pm to
quote:

His attorneys need to take an intermediate appeal to get it dismissed.


The prosecution's letter a few days ago said they had to permit the defense to make all of their motions in order to allow them this opportunity.

So in addition to the immunity issue, now the defense is going to move that a sitting President can't be prosecuted in a state criminal matter.

Then I"m sure both will be litigated up the chain, possibly to USSC
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476658 posts
Posted on 11/22/24 at 3:53 pm to
quote:

As President, Trump has the ability to pardon himself from any violation of federal law including federal election laws


There were more options than just the federal one you issues, and it's irrelevant if he's pardoned from the federal crime if the jury finds he violated the law (as the state courts have interpreted that statute UP TO this point).

There were fully state crimes that the jury could find to elevate the misdemeanor to a felony, just FWIW.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476658 posts
Posted on 11/22/24 at 3:54 pm to
quote:

I would imagine the roaches are trying to swing a deal for themselves not to be prosecuted, before dismissed.


No
Posted by Penrod
Member since Jan 2011
55540 posts
Posted on 11/22/24 at 4:17 pm to
quote:

All this does is leave this hanging over his head his entire presidency.

Big deal. He’ll be 82 when his term is over. And he’ll have four years, and the power of the Presidency, to bring pressure to bear on these wing wongs. I don’t think he’s worried at all.
Posted by ChatGPT of LA
Member since Mar 2023
6309 posts
Posted on 11/22/24 at 7:13 pm to
quote:

No


Yes..read up kid
Posted by Rebel
Graceland
Member since Jan 2005
143804 posts
Posted on 11/22/24 at 7:15 pm to
That is worse than imposing the sentencing and seems like a due process issue.

Posted by geauxpurple
New Orleans
Member since Jul 2014
17362 posts
Posted on 11/22/24 at 7:50 pm to
Will Trump agree to this?
One thing this does is keep him from appealing. He may want to appeal and get it over with.
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