The judge in President-elect Donald Trump’s New York criminal case will decide on Tuesday whether to overturn his conviction, which could mark a significant legal victory as Trump prepares to take office again.
In May, Trump was convicted of 34 felony counts after a jury found he had falsified business records to conceal an alleged affair with a porn star before the 2016 election.
Trump, who faces sentencing on November 26, could see his conviction dismissed if Judge Juan Merchan decides in his favour, following a recent Supreme Court ruling on presidential immunity.
The Supreme Court’s landmark decision, which was passed with a 6-3 conservative majority, determined that presidents hold broad immunity from prosecution for a range of official acts performed while in office.
Ahead of the election, Trump’s attorneys filed to have the case dismissed in light of the Supreme Court’s ruling, but prosecutors have strongly opposed this. If Merchan dismisses the case, Trump, 78, will avoid sentencing. However, if the case is not thrown out, Trump’s legal team is expected to challenge or delay any sentencing, arguing it could hinder his responsibilities as commander-in-chief once he assumes office on January 20.
Trump’s former attorney general Bill Barr has argued that this case, along with others nationwide, was “plainly brought for political purposes (and) have now been extensively aired and rejected in the court of public opinion.”
“Further manoeuvering on these cases in the weeks ahead would serve no legitimate purpose and only distract the country and the incoming administration from the task at hand,” he added.
Trump has consistently labelled the case a “witch hunt,” stating it “should be rightfully terminated.”
Besides the New York case, filed by state prosecutors, Trump faces two federal cases, one concerning his efforts to overturn the 2020 election results and the other related to his alleged mishandling of classified documents post-presidency.
However, as president, he could take action to end these cases, and special counsel Jack Smith, who leads both cases, is reportedly beginning to wind them down.
A federal judge appointed by Trump recently dismissed the documents case, though Smith has sought to appeal that decision.
“Trump’s victory means he is unlikely to be held accountable for any of his alleged criminal misconduct,” former prosecutor Randall Eliason stated in a Substack article.
“That’s a severe blow to the ideal of the rule of law.”
Faridah Abdulkadiri
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