Judge rules Trump’s conviction withstands Supreme Court immunity decision

[JANFU]

Hi ho, hi ho off to appeals we go

A New York judge upheld a jury’s verdict that convicted President-elect Trump of a felony, ruling the outcome of the hush money case can withstand the Supreme Court’s new test for presidential immunity.

Judge Juan Merchan’s decision comes on the heels of Trump’s presidential election victory against Vice President Harris, when voters chose to catapult him back to the White House despite his years of legal peril.

https://thehill.com/regulation/court-battles/5043247-trump-hush-money-conviction-uphold/

 

[ttwtt78640]

Hmm…

The judge has not yet ruled on Trump’s efforts to toss the case entirely now that he is president-elect.

It seems that judge wants to keep the case ‘alive’ without sentencing Trump, which might make appealing it difficult.

 

[JANFU]

Hmm…



It seems that judge wants to keep the case ‘alive’ without sentencing Trump, which might make appealing it difficult.

US Appeals on this type of case in i am not familiar with

 

[Paradoxical]

Corrupt judge.

 

[hooligan]

Hmm…



It seems that judge wants to keep the case ‘alive’ without sentencing Trump, which might make appealing it difficult.

Motions to dismiss need to be ruled on one at a time, no?

 

[hooligan]

Also this argument, if it were to be agreed with by the judge, WOULD actually make a President completely above the law:


...With his return to the White House imminent, Trump has argued the court is compelled to wipe the jury’s verdict finding him guilty of 34 felonies and dismiss the case in its entirety...

This is a STATE level case, with a verdict that was rendered MONTHS before the election.

 

[X Factor]

Wait, how can this be? Haven’t many people here claimed the Supreme Court gave Donald Trump (and only Donald Trump) full immunity that covers everything?

 

[Ikari]

Wait, how can this be? Haven’t many people here claimed the Supreme Court gave Donald Trump (and only Donald Trump) full immunity that covers everything?

It's what MAGA wanted, but don't worry we'll see idiots running about calling this ruling "lawfare", since as we know, Dear Leader should be allowed to to commit whatever crimes he wants. Any attempt to hold him accountable to his actions is lawfare.

 

[Mr Person]

Wait, how can this be? Haven’t many people here claimed the Supreme Court gave Donald Trump (and only Donald Trump) full immunity that covers everything?

I love it.

He thinks he is owning the libs but he knows ****-all about the law. This is a state trial judge's ruling. It's got to go up through the NY appellate courts and then to SCOTUS for SCOTUS to have a chance whether to rule the "official act immunity" that they magicked out of thin air requires dismissal.

Well, that and it's just his boring old shadowboxing routine. He can't score his imaginary points unless he puts words in the mouths of anonymous sources to argue against.

 

[Peacenik]

White House Arrest:

He is free to do whatever the job requires, go wherever the job demands, but no personal leave from the WH, for, for instance, golf.

And that would be fitting. He himself claimed he would be so busy as president that he would not have time for golf.

Also: take away his TVs and his phone. Let him rely on his staff for briefings and needed information. End his social media messaging. Official staff messaging only.

 

[Loulit01]

Wait, how can this be? Haven’t many people here claimed the Supreme Court gave Donald Trump (and only Donald Trump) full immunity that covers everything?

That remains to be seen. Appeals are in progress.

 

[Integrityrespec]

Hi ho, hi ho off to appeals we go

https://thehill.com/regulation/court-battles/5043247-trump-hush-money-conviction-uphold/

That judge is a corrupt POS. It will work itself out and eventually get tossed. The guy is just a hater and is protecting hes daughter who works for democrats and himself because he allowed evidence that clearly should not have been allowed. He's shit, democrats support him because they are the same corrupt scum.

 

[Helix]

He's above the law.

 

[MauiMan]

Corrupt judge.

What is your argument? Facts please.

 

[Integrityrespec]

What is your argument? Facts please.

The report explains the several ways in which New York County District Attorney (DANY) Alvin Bragg's prosecution of President Trump suffers from severe legal and procedural defects, including:

• Bragg's unconstitutional and unprecedented Russian-nesting-doll theory of criminal liability, in which the jury never had to reach unanimity as to each element of the criminal offenses; and
• Bragg's usurpation of the federal government's exclusive authority to prosecute alleged violations of federal campaign finance laws and the Biden-Harris Administration's refusal to intercede to protect federal interests.

The report also details Judge Merchan's egregious legal rulings before and during the trial that all cut against President Trump's rights, including:

• Judge Merchan's failure to recuse himself for manifest political bias against President Trump;
• The unconstitutional gag order he imposed on President Trump during the trial;
• Judge Merchan's admission of plainly inadmissible, irrelevant, and unfairly prejudicial testimony against President Trump; and
• Judge Merchan's refusal to permit former Federal Election Commission Chairman Bradley Smith to testify as to the meaning and complexities of the Federal Election Campaign Act.

New Report: How Manhattan DA Alvin Bragg and Judge Merchan Violated the Constitutional and Legal Rights of President Donald J. Trump

WASHINGTON, D.C. – Today, the House Judiciary Committee and its Select Subcommittee on the Weaponization of the Federal Government released an interim staff report titled, "

judiciary.house.gov

 

[MauiMan]

The report explains the several ways in which New York County District Attorney (DANY) Alvin Bragg's prosecution of President Trump suffers from severe legal and procedural defects, including:

• Bragg's unconstitutional and unprecedented Russian-nesting-doll theory of criminal liability, in which the jury never had to reach unanimity as to each element of the criminal offenses; and
• Bragg's usurpation of the federal government's exclusive authority to prosecute alleged violations of federal campaign finance laws and the Biden-Harris Administration's refusal to intercede to protect federal interests.

The report also details Judge Merchan's egregious legal rulings before and during the trial that all cut against President Trump's rights, including:

• Judge Merchan's failure to recuse himself for manifest political bias against President Trump;
• The unconstitutional gag order he imposed on President Trump during the trial;
• Judge Merchan's admission of plainly inadmissible, irrelevant, and unfairly prejudicial testimony against President Trump; and
• Judge Merchan's refusal to permit former Federal Election Commission Chairman Bradley Smith to testify as to the meaning and complexities of the Federal Election Campaign Act.

New Report: How Manhattan DA Alvin Bragg and Judge Merchan Violated the Constitutional and Legal Rights of President Donald J. Trump

WASHINGTON, D.C. – Today, the House Judiciary Committee and its Select Subcommittee on the Weaponization of the Federal Government released an interim staff report titled, "

judiciary.house.gov

None of this is corruption, as you claim. Here is the definition, to help you out:

Definition of CORRUPTION

dishonest or illegal behavior especially by powerful people (such as government officials or police officers) : depravity; inducement to wrong by improper or unlawful means (such as bribery); a departure from the original or from what is pure or correct… See the full definition

www.merriam-webster.com

Bias is not corruption. Unprecedented is not corruption. Refusal to recuse is not corruption. Judicial gag order is not corruption (whether you believe it to be constitutional or not. Prejudicial testimony is not corruption. Who the judge permits to testify is not corruption.

Have you successfully argued corruption? Not yet. Keep trying, though, because I really want to know.

 

[Captain Adverse]

It's what MAGA wanted, but don't worry we'll see idiots running about calling this ruling "lawfare", since as we know, Dear Leader should be allowed to commit whatever crimes he wants. Any attempt to hold him accountable to his actions is lawfare.

You have a law degree and a license to practice law to go along with your "assessment" of the case?

Not that this is needed to offer an Un-informed decision.

However, the case is based on a unique use of a law that is normally a misdemeanor Penal Law Section 175.05 (falsifying business records in the Second Degree) unless there is an underlying "felony" the act sought to avoid which raises the charge to Penal Law Section 175.10 (A person is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof. Falsifying business records in the first degree is a class E felony.)

Problem is, there was no underlying felony actually identified, but it has been "assumed" to be linked to Federal Election law, campaign finance in some way. But the Prosecution failed to identify the alleged Federal law violated.

Law Professor: The Manhattan District Attorney’s Convoluted Legal Case Against Donald Trump Gets More Convoluted

To request an interview with Professor Germain, please contact Ellen James Mbuqe, executive director of media relations, at ejmbuqe@syr.edu. By Gregory Germ ...

news.syr.edu

So in the first case, absent identification of an actual felony the acts were seeking to avoid, the charges cannot be raised to a felony under Penal Law Section 175.10. They would remain a misdemeanor under Penal law 170.05, which has a 1-year statute of limitations. That period has long passed prior to filing the case. If this is true, the cases must be dismissed.

If not, the State has to identify the underlying felony and show the act(s) would have allowed the defendant to avoid those Federal Felony charges.

That leads to the second issue. The Prosecution has not identified the underlying Federal Felony that act sought to avoid. However, the prosecution keeps indicating it has something to do with Federal Election law. The problem with that is the Federal Agencies involved have already indicated that the information "not provided" was not in violation of election law.

 

[Paradoxical]

What is your argument? Facts please.

Daughter raises money for Dems. He donated to Dems. He made up rules for conviction.

 

[Hatuey]

Per right wing 21st century SCOTUS judges, there is NO employment where one can be selected, elected or promoted into that invalidates the findings of a trial and conviction, except for President and President Elect of the United States.

What I mean is that if you get elected into the board of a major corporation, and you are found guilty of credit card fraud, you dont get to say "but I just got elected into the board" to avoid prison, or trials, or investigations.

What I mean is that if you are under investigation for stealing top secret documents and keeping them in your resorts, you dont get to say "But I am yada, yada, from the 4th most prestigious family in Kentucky!" to avoid people looking into you.

SCOTUS has essentially ruled that the only person above the law in America, is the president, when we all know full well that Nixon needed a pardon because the investigations were coming.

Crazy times.

 

[Jack Fabulous]

Hopefully, the people of New York will wise up and send Bragg out to pasture. I doubt it but I can still hope...

 

[rahl]

Corrupt judge.

Because they followed the law? You seem confused.

 

[dcsports]

US Appeals on this type of case in i am not familiar with

The thing is that it's NY appeals in this case, which are a little different. From my understanding, the judge has to approve any appeals while the case is in progress, until he issues final judgement. Not very helpful in cases like this, where there's some fundamental and unique underlying issues.

After final judgement the case can be appealed through the NY system, and then pushed to federal. But it does appear at this point to be a zombie case - neither dead nor alive.

 

[dcsports]

Hi ho, hi ho off to appeals we go

https://thehill.com/regulation/court-battles/5043247-trump-hush-money-conviction-uphold/

That's a pretty bizarre ruling. A very stark contrast to the federal case where even the indictment had to be gutted and re-written (twice) to try to untangle the official acts. But then this judge has made strange rulings one after another.

It's going to be overturned. He should have just declared a mistrial and sent it back to the prosecutor to refile.

 

[dobieg]

You have a law degree and a license to practice law to go along with your "assessment" of the case?

Not that this is needed to offer an Un-informed decision.

However, the case is based on a unique use of a law that is normally a misdemeanor Penal Law Section 175.05 (falsifying business records in the Second Degree) unless there is an underlying "felony" the act sought to avoid which raises the charge to Penal Law Section 175.10 (A person is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof. Falsifying business records in the first degree is a class E felony.)

Problem is, there was no underlying felony actually identified, but it has been "assumed" to be linked to Federal Election law, campaign finance in some way. But the Prosecution failed to identify the alleged Federal law violated.

Law Professor: The Manhattan District Attorney’s Convoluted Legal Case Against Donald Trump Gets More Convoluted

To request an interview with Professor Germain, please contact Ellen James Mbuqe, executive director of media relations, at ejmbuqe@syr.edu. By Gregory Germ ...

news.syr.edu

So in the first case, absent identification of an actual felony the acts were seeking to avoid, the charges cannot be raised to a felony under Penal Law Section 175.10. They would remain a misdemeanor under Penal law 170.05, which has a 1-year statute of limitations. That period has long passed prior to filing the case. If this is true, the cases must be dismissed.

If not, the State has to identify the underlying felony and show the act(s) would have allowed the defendant to avoid those Federal Felony charges.

That leads to the second issue. The Prosecution has not identified the underlying Federal Felony that act sought to avoid. However, the prosecution keeps indicating it has something to do with Federal Election law. The problem with that is the Federal Agencies involved have already indicated that the information "not provided" was not in violation of election law.

Just an excellent explanation.

 

[JANFU]

The thing is that it's NY appeals in this case, which are a little different. From my understanding, the judge has to approve any appeals while the case is in progress, until he issues final judgement. Not very helpful in cases like this, where there's some fundamental and unique underlying issues.

After final judgement the case can be appealed through the NY system, and then pushed to federal. But it does appear at this point to be a zombie case - neither dead nor alive.

Thank you