For most of the legal proceedings in the New York case, Manhattan District Attorney Alvin Bragg has consistently opposed nearly every move made by former President Donald Trump and his legal team.
However, when Trump’s attorneys informed Judge Juan Merchan of their plan to request a delay for the July 11 sentencing hearing, Bragg’s office notified the judge the following day that they do not oppose the adjournment.
This came after the Supreme Court’s ruling on Trump’s presidential immunity claim, which raises questions about some of the evidence used by Bragg’s prosecutors to secure the conviction against the former president.
The Supreme Court decided that all former presidents, including Trump, have absolute immunity from prosecution for core constitutional powers and presumptive immunity for their official acts while in office, but no immunity for private or unofficial acts during their presidency.
Part of that ruling included a prohibition against prosecutors using non-prosecutable “official” acts as evidence in support of a prosecution for “unofficial” acts, as that would “eviscerate the immunity we have recognized” and “permit a prosecutor to do indirectly what he cannot do directly — invite the jury to examine acts for which a President is immune from prosecution to nonetheless prove his liability on any charge.”
Shortly after the ruling was announced, as reported by Fox News, Trump’s legal team wrote a letter to Judge Merchan asking for a postponement of the July 11 sentencing and seeking approval to submit a motion to challenge the conviction.
They argued that the evidence used by DA Bragg’s prosecutors was from Trump’s presidential tenure and could be considered official acts, potentially warranting an overturn of the conviction.
On Tuesday, Bragg’s office responded with a letter to the judge that read in part, “Although we believe defendant’s arguments to be without merit, we do not oppose his request for leave to file and his putative request to adjourn sentencing pending determination of his motion. We respectfully request a deadline of July 24, 2024 — two weeks after defendant’s requested deadline — to file and serve a response.”
NBC News reported on Tuesday that Judge Merchan, upon receiving both letters, granted the unopposed request for a delay and rescheduled the sentencing hearing from July 11, just days before the Republican National Convention, to September 8, approximately two months before the general election.
Regarding the request to overturn the conviction in light of the Supreme Court’s immunity ruling, Merchan, who had previously dismissed Trump’s immunity claims ahead of the trial, stated that he would issue a ruling on this matter by September 6.
ABC News reported that Trump’s attorneys had objected to prosecutors using evidence from his time in office in support of the prosecution for allegedly falsifying business records in 2017.
However, Judge Merchan rejected this argument before the trial began and declined to consider whether presidential immunity precludes such evidence.
Despite this, Trump’s attorneys are now arguing that the conviction should be overturned as it relied on evidence prohibited by the Supreme Court’s ruling on “official” acts.
This may face resistance from Merchan or the appellate court given previous rulings against Trump’s claimed immunity for “official acts” and their interpretation of presidential immunity limits.
“The evidence overwhelmingly suggests that the matter was purely a personal item of the President — a cover-up of an embarrassing event,” U.S. District Judge Alvin Hellerstein said in his July 2023 decision, per ABC News. “Hush money paid to an adult film star is not related to a President’s official acts. It does not reflect in any way the color of the President’s official duties.”C
ICYMI: Did Biden Violate Federal Law During ‘Trump Immunity’ White House Speech? [VIDEO]
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BRAGG FINDS IT HARD ENOUGH TO “BRAG” ABOUT THIS, AND HE SHOULD. HE IS A TOTAL “NOTHING” AND PART OF THE BIDIM(WIT) GROUP
Bragg and Murchan are both Anti-American, Anti-Constitution, useless Communist Bastards and should be removed by lethal force, Period.!
Unless New Yorkers love the crimes committed by illegals and get set free.
New York, your being treated like 2nd class Citizens and you put both of them in Office.
So like most liberals, you despise due process as well.
Liberal.? Where did you come to that conclusion.?
You must like the way the Communist are ignoring the rule of law and plotting to destroy America and the Constitution.
I don’t, unless something is done immediately about all this corruption we will be ruled under Communism and Dictatorship.
Is that what your wanting. I’m 66 years old and would rather die fighting than living under the Communist rule.
I’m not out there protesting against Isreal or setting buildings on fire or assassinating police officers.
I’m a retired Texas Police Officer and Army Vet.
Due Process wasn’t given to the J6 prisoners and President Trump is facing a bullshit fake kangaroo court by liberal assholes which must be eliminated.
No due process for the Trump’s administration personnel weren’t given due process as Giuliani, Bannon, Flynn, etc.
Or do you approve of the way the Communist Democrats convict only Trump’s team and MAGA supporters.
Don’t call me a liberal.
Thank you for your service and GOD BLESS.
Thank you. Well said.
The SCOTUS also made a ruling that Trials by juries, all jurors’ must ALL agree unanimously on each count beyond shadow of doubt. Since Merchan basically directed them just pick one- of the three then if 4 agreed each count that would make twelve. Why is no one talking about this? This means a mistrial for sure. Which is already law/rule which Merchan ignored! He needs to be removed from the bench, but until the upper judges/court actually give a rats behind- nothing will be done to him or the other crooked judges like Engorn.
Trump’s legal team is talking about it.
that piece of garbage knows that once trump is elected, his days are numbered. he is just above begging trump, not to have him executed for his part in this farce.
Executed? Under what law?
Treason. That would be a start.
Bragg needs to stop wasting taxpayers money and end this corrupt trial.
He needs to commit SEPPUKU!
I guess that Bragg does not want to spend his last days in prison
I wonder if the law-ignoring Democrat officials believe their own propaganda about Trump, in that they’re supposedly going to be locked up after Trump takes office. Not a shred of truth to it, but very handy if it causes a little agida!
Alvin Bragg, Letitia James, so-called Judge Merchan are NOT legitimate !
They are hacks for the Democrat party only ! While they waste all this time
& tax payer dollars persecuting President Trump & his associates, they are
allowing TRUE criminals to roam free & regularly victimize innocent citizens.
They are the ones who should be prosecuted & sent to prison, NOT President
Trump !!
That’s because Trump is in control, he’s a wartime President and CIC. We’re watching a movie, folks!