Trump sentencing delayed

Yesterday saw a development in the New York felony case against Donald Trump that caught many conservative influencers by surprise. Judge Juan Merchan of the Court of Claims, New York State “Supreme” Court in the First Judicial District, formally delayed sentencing in the case in which a jury earlier convicted Trump of several non-offenses. The judge had already delayed sentencing once before – from July 11 to September 18. Now he has put off sentencing until November 26 – and couched his order in highly tentative terms. In so doing, Judge Merchan is trying to achieve maximum damage to Trump’s reputation – but that isn’t much. He has just admitted, for all intents and purposes, that his case would not stand before the U.S. Supreme Court. Furthermore, whatever damage he could do, the public has already accounted for.

Details of the Trump sentencing delay

Judge Merchan issued his “letter of adjournment” yesterday morning.

This was mainly in response to a letter from Trump’s legal team, dated August 14, protesting the then-current schedule. The judge had planned to rule on September 16 on whether the U.S. Supreme Court’s primer on presidential immunity affected a New York State criminal case.Trump v. United States, 603 U.S. ____ (2024). He then planned a sentencing hearing on Wednesday, September 18.

Team Trump protested that sentencing a mere two days later would not give them time to appeal an adverse ruling. They also suggested that a public sentencing would prejudice Trump politically.

Given Judge Merchan’s demonstrated temperament, he probably would have sentenced Trump anyway. But Alvin Bragg, New York County District Attorney, joined the motion for adjournment in all but name. Addressing that point, Judge Merchan said:

As a threshold matter, this Court finds that, despite the People’s stated neutrality, they present concerns in their letter of August 16, 2024, in a manner which seemingly supports Defendant’s application for an adjournment. The People certainly do not oppose, and a careful reading of the response can fairly be construed as a joinder of the motion.

The Presidential immunity case was the key. Without that, Merchan would have seen no reason to delay sentencing beyond July 11 (or so he says). As it is, were he to delay sentencing a week beyond September 18, that date would fall “approximately 41 days” before the election.

As if that weren’t enough, the Court took note of three other developments. On August 29, Team Trump filed a notice of removal to the U.S. District Court for the Southern District of New York.

On September 2, Judge Alvin Hellerstein denied removal – and on September 5, Team Trump appealed to the Court of Appeals for the Second Judicial Circuit.

The judge fears for his reputation

Judge Merchan surely knows his reputation has suffered serious damage. Team Trump has moved three times that he recuse himself from the case; each time he has refused. Trump himself, of course, dropped a hint of things he couldn’t discuss, under a gag order from Merchan.

In fact, America First Legal has sued him, seeking financial disclosures of contributions made by the Kamala Harris campaign to Authentic Campaigns, Inc. The Judge’s daughter Loren heads that firm. So Judge Merchan, in touching this case with the proverbial ten-footer, violated New York law and several ethical canons.

America First Legal is not the only entity interested in Judge Merchan’s finances. So is the House Judiciary Committee, which served him with a subpoena.

Finally, Steve Crowder broke a story he got by sending an undercover operative to “interview” Nicholas Biase, the Public Affairs Officer for the Southern District of New York. The conduct of two cases against Trump by Mr. Bragg and by Letitia James, Attorney General of New York, does not impress him.

Late yesterday afternoon, Paul Ingrassia offered further details. Bragg and James, said Biase, were each looking for their fifteen minutes. (Apologies to Andy Warhol.) Miranda Devine of The New York Post carried even more detail. Apparently, Biase said this of Bragg:

He wants to be, something … a mayor? I’m not sure what he wants to be, but I know he’s not happy just being the DA of New York County. Before he decided to prosecute Trump, did you know who he was? You do now.

This is the officer of the court presenting a case before Judge Merchan. No wonder he’s worried.

Breathless pleadings of impartiality

Judge Merchan makes plain, without meaning to, that this case presents him with a dilemma. On one hand, by every judicial canon in the book, he ought to vacate this case forthwith. But on the other, his daughter surely has passed along some instructions to him, through her firm, Authentic Campaigns. His off-hand dismissal of the issues Team Trump raised, convinces no one.

So after giving the background, he protests, verbosely, his impartiality – and therefore his innocence. At the same time, he is trying desperately to signal his masters that the law requires this delaying action. This paragraph is a signal to both sides:

This matter is one that stands alone, in a unique place in this Nation’s history, and this Court has presided over it since its inception – from arraignment to jury verdict and a plenitude of motions and other matters in-between. Were this Court to decide, after careful consideration of the Supreme Court’s decision in Trump, that this case should proceed, it will be faced with one of the most critical and difficult decisions a trial court judge faces – the sentencing of a defendant found guilty of crimes by a unanimous jury of his peers.

In the next paragraph, the judge repeatedly uses the phrase if necessary in various forms. This is the first hint that his plans could be other than what most influencers assumed. Which were to sentence Trump to a year in the State penitentiary on Rikers Island.

But clearly he does not dare pronounce such a sentence:

Unfortunately, we are now at a place in time that is fraught with complexities rendering the requirements of a sentencing hearing, should one be necessary, difficult to execute. Thus, in accordancc with certain of the grounds submitted by Defendant and the reasons for adjournment provided by the People coupled with the unique time frame this matter currently finds itself in, the decision on the CPL § 330.30 motion and the imposition of sentence will be adjourned to 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.

If anyone reading the above believes that, CNAV has a partnership stake in a bridge spanning the East River which it would like to offer for sale. That said, the CPL § 330.30 motion is the one to dismiss on the grounds of Presidential immunity. Judge Merchan goes on to observe that:

Adjournments for sentencing are routinely granted, often several times, in any number of other criminal matters pending in this courthouse, particularly when unopposed, for reasons ranging from personal circumstances to the scheduling needs of the parties involved.

Accordingly:

Therefore, it is hereby ORDERED, that decision on Defendant’s CPL § 330.30 motion to set aside the jury verdict and to dismiss the indictment will be handed down off-calendar on November 12, 2024; and it is further ORDERED, that sentencing on this matter, if necessary, is adjourned to November 26, 2024, at 10 am; and it is further ORDERED, that Defendant’s motion to preclude the People from filing a pre-sentence memorandum is DENIED. The People’s submission,if any, will be filed with the Court under seal pursuant to CPL § 390.50(1). The above constitutes the Decision and Order of the Court.

Trump and others react

Trump, of course, seized on that phrase if necessary.

The Manhattan D.A. Witch Hunt has been postponed because everyone realizes that there was NO CASE, I DID NOTHING WRONG! It is a political attack against me by Comrade Kamala Harris and other Radical Left Opponents for purposes of Election Interference, and is a case that should have never been brought. Nothing like this has ever happened in the United States of America – IT IS STRICTLY THIRD WORLD, BANANA REPUBLIC “STUFF.” Importantly, The Public understands this, and so does every Legal Scholar, Expert, and Luminary, including Andy McCarthy, Jonathan Turley, Alan Dershowitz, Mark Levin, Steven Calabresi, David Rivkin, Gregg Jarrett, Katie and Andrew Cherkasky, Elie Honig, and many others. I greatly appreciate the words “if necessary” being utilized in the Decision, because there should be no “if necessary” – This case should be rightfully terminated, as we prepare for the Most Important Election in the History of our Country. MAKE AMERICA GREAT AGAIN!

Laura Loomer pointed out one disadvantage to Trump from the delay of sentencing: the gag order stays in force.

This is not good. Judge Merchan delaying President Trump’s sentencing means Donald Trump will not be allowed to speak about Authentic Campaigns before the election and he will be gagged all throughout the election even though the Judge’s daughter, Loren Merchan, served as the Director of Digital Persuasion for Kamala Harris’s Presidential campaign and Loren’s business partner Mike Nellis is the founder of White Dudes for Harris and served as a Senior Advisor to Kamala Harris. This is election interference!

In fact Mike Nellis has been accepting checks payable to Authentic Campaigns at his private residence.

Ms. Loomer gave “mentions” in the above post to the House Judiciary Committee and to Reps. Jim Jordan (R-Ohio), the Chairman, and Elise Stefanik (R-N.Y.). All that to say that the country already knows the “sensitive thing” of which Judge Merchan forbids Trump to speak.

Influencer Viva Frei pointed out that, as long as the case is alive, Democrats can say, “Trump is a convicted felon” in their advertising. Though technically that’s false; in New York one doesn’t become a “convict” until a judge has passed sentence.

Viva Frei fully expects Judge Merchan to vacate the verdict after the election. After that, he must calculate, it won’t matter anymore. (Not that it matters today. Indeed, people have so little respect for his court that they’re wearing T shirts saying, “I’m voting for the felon!”) But Trump definitely needs to see to his own security. The real source of the money going to Authentic Campaigns, tried to kill Trump once – and they will try again.