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ASPartOfMe
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03 Sep 2024, 9:00 pm

Judge rejects Trump's second bid to move New York hush money case to federal court

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A federal judge on Tuesday denied former President Donald Trump's second and last ditch bid to transfer his New York hush money case to federal court.

U.S. District Judge Alvin Hellerstein of the Southern District of New York found that there was no good cause to grant Trump’s lawyers permission to even file a motion.

The judge's order said that in arguing “good cause” to move the case, Trump primarily argued that the state judge presiding over the criminal case, Juan Merchan, is biased against him and that the U.S. Supreme Court’s immunity ruling from July presents a valid federal defense for the hush money case.

Hellerstein rejected both arguments, finding first that a state court judge’s alleged bias does not present a federal question that would justify jurisdiction in a federal court, and was an issue for a state appeals court to decide.

Trump’s attorneys also argued the U.S. Supreme Court’s ruling on presidential immunity in a separate Trump criminal case should result in the charges him being dismissed because prosecutors used some evidence of Trump's "official acts" as a part of their case.

Hellerstein said he was standing by his July 2023 conclusion — following briefing and an evidentiary hearing — that removal of the case was not warranted because the case was centered on Trump's personal actions.

"I held in my Order and Opinion of July 19, 2023 that 'hush money paid to an adult film star is not related to a President's official acts,'" Hellerstein wrote. "Nothing in the Supreme Court's opinion affects my previous conclusion that the hush money payments were private, unofficial acts, outside the bounds of executive authority."


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ASPartOfMe
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06 Sep 2024, 7:55 pm

Judge delays Trump sentencing in hush money case until after November election

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A New York judge has delayed former President Donald Trump's sentencing on felony criminal charges until Nov. 26.

"This is not a decision this Court makes lightly but it is the decision which in this Court's view, best advances the interests of justice," Judge Juan Merchan wrote in the decision handed down Friday.

Merchan issued the ruling after Trump's attorneys had asked him to postpone the Sept. 18 sentencing until after the Nov. 5 election to allow them to appeal a pending ruling involving presidential immunity.

That ruling was expected by Sept. 16 — just two days before what would have been the first ever sentencing of a former president on criminal charges. Trump was convicted in May on 34 counts of falsifying business records related to a hush money payment to adult film star Stormy Daniels near the end of the 2016 presidential campaign.

“A single business day is an unreasonably short period of time” for such an appeal, Trump attorneys Todd Blanche and Emil Bove argued in an Aug. 14 filing. “There is no basis for continuing to rush.”

Prosecutors from Manhattan District Attorney Alvin Bragg's office said they would "defer to the Court on whether an adjournment is warranted to allow for orderly appellate litigation" of any Trump appeal, but "would be prepared to appear for sentencing on any future date the Court sets."

Merchan said in his order Friday that he took that as the DA essentially consenting to the request. He also acknowledged that the case "is one that stands alone, in a unique place in this Nation's history."

"The public's confidence in the integrity of our judicial system demands a sentencing hearing that is entirely focused on the verdict of the jury and the weighing of aggravating and mitigating factors free from distraction or distortion. The members of this jury served diligently on this case, and their verdict must be respected and addressed in a manner that is not diluted by the enormity of the upcoming presidential election. Likewise, if one is necessary, the Defendant has the right to a sentencing hearing that respects and protects his constitutional rights," the judge wrote.

The order also pushed back the date for his ruling on the immunity issue until Nov. 12 —a full two weeks before the possible sentencing date and after the election.

Merchan said the delay should help "avoid any appearance — however unwarranted — that the proceeding has been affected by or seeks to affect the approaching Presidential election in which the Defendant is a candidate."

Trump offered a different take during a speech later in the day to the Fraternal Order of Police in Charlotte, North Carolina.

"The Manhattan DA witch hunt against me has been postponed because everyone realizes that there was no case because I did nothing wrong. It’s a witch hunt. It’s an attack by my political opponents in Washington, D.C., and comrade Kamala Harris," he said. "This case should be rightfully terminated immediately."

The ruling was published about an hour after Trump blasted Merchan as a "very hostile" judge in an address to reporters in Manhattan about the various legal cases he's facing, all of which he said are "hoaxes."

In a statement, Bragg’s office said, “A jury of 12 New Yorkers swiftly and unanimously convicted Donald Trump of 34 felony counts. The Manhattan D.A.’s Office stands ready for sentencing on the new date set by the court.”

The delay is the second time Trump’s sentencing has been postponed in the wake of the U.S. Supreme Court’s ruling expanding presidential immunity in an unrelated federal criminal case against Trump in Washington, D.C..


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auntblabby
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06 Sep 2024, 10:34 pm

pro-trump judge=the fix is in.



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07 Sep 2024, 9:30 am

^ But he's not a pro-Trump judge. Far from it.

From the article: Merchan said the delay should help "avoid any appearance — however unwarranted — that the proceeding has been affected by or seeks to affect the approaching Presidential election in which the Defendant is a candidate."

While a sentencing delay is disappointing it's also a canny move and would cut off another Trump whine, who had already called the whole thing "election interference" (along with the usual "witch hunt" etc.).
Once the election is done the sentencing can hardly be called "interference".


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07 Sep 2024, 9:47 am

The man shouldn't have ever even been allowed to run for president again after what he did. So for his whining about sentencing being "election interference" to be taken seriously by the justice system is just absurdity on top of absurdity.

If he were to get elected (hopefully not), I'm sure that'd be yet another excuse to not sentence him. Lets hope dearly that doesn't happen. The gloves have to come off after he loses again. But they should have come off a long time ago. >.>


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07 Sep 2024, 10:24 am

Interesting. Every time they attack Trump, he goes up in the poll numbers. The common man has figured out these series of law suites attacks are increasing his credibility from the common man. So maybe now they are putting things on hold because they are not accomplishing their objectives. The common man is a little smarter then what they thought he was.


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07 Sep 2024, 10:27 am

Justice following its course is not an attack, and neither were the juries' verdicts.
Trump has no credibility whatever. None.

Just one example among many -

Image

Those senile ramblings are even worse in print.
And he was actually applauded for saying this. 8O


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07 Sep 2024, 2:24 pm

jimmy m wrote:
Interesting. Every time they attack Trump, he goes up in the poll numbers. The common man has figured out these series of law suites attacks are increasing his credibility from the common man. So maybe now they are putting things on hold because they are not accomplishing their objectives. The common man is a little smarter then what they thought he was.


Funny, I see Harris' numbers getting better.
As for the common sense of the common man: H.L. Mencken had some thoughts on that subject.


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jimmy m
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10 Sep 2024, 7:54 am

Kraichgauer wrote:
Funny, I see Harris' numbers getting better.


Look deeper.


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10 Sep 2024, 3:13 pm

jimmy m wrote:
Kraichgauer wrote:
Funny, I see Harris' numbers getting better.


Look deeper.


Right now, she and Trump are neck-and-neck, with Harris slightly ahead.


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auntblabby
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10 Sep 2024, 10:17 pm

I'll take what good news there is, no matter how small.



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10 Sep 2024, 10:39 pm

auntblabby wrote:
I'll take what good news there is, no matter how small.


I think she won the debate with him, tonight.


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auntblabby
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11 Sep 2024, 12:01 am

trump was merely like the clueless pigeon who strutted and crapped on the chessboard, knocking over pieces and preening like he won.



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11 Sep 2024, 12:57 am

auntblabby wrote:
trump was merely like the clueless pigeon who strutted and crapped on the chessboard, knocking over pieces and preening like he won.


I concur.


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12 Sep 2024, 4:23 pm

Lil' Donnie takes all his toys and won't be doing another debate -


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Kraichgauer
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12 Sep 2024, 5:26 pm

Cornflake wrote:
Lil' Donnie takes all his toys and won't be doing another debate -



He knows he'd get his oversized fanny spanked again.


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