Post: Justice Merchan's sentencing delay may not be the

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Law selectors, pages, etc.

Justice Merchan's sentencing delay may not be the win for Trump some are saying.

By Curt_Anderson
September 6, 2024 6:45 pm
Category: Law

(0.0 from 0 votes)
Rules of the Post

Judge delays Donald Trump sentencing date until after November election
Sept. 6 (UPI) -- Former President Donald Trump will not be sentenced for his conviction on election-related fraud over hush money payments until after the U.S. election on November 5, a judge ruled Friday.

New York State Supreme Court justice Juan Merchan pushed the sentencing date back from September 18 until November 26, citing "the unique time frame this matter currently finds itself in."

Had Merchan announced a sentence of jail time and/or a fine, Trump would no doubt portray himself as a martyr and use it to jack up his fundraising as he has when he's been indicted or convicted. So Trump loses out on that score.

Not to mention, Trump would appeal any sentence so any incarceration wouldn't happen anytime soon.

Even if Trump were to be sentenced to a month or so in jail, I suspect the judge would allow Trump to remain free until after the election. As it is now, Trump has the proverbial Damocles sword hanging overhead. That would keep me awake at night wondering what accommodations I might get at Rikers or if an ankle bracelet chafes.

After the election, Merchan can impose a sentence without it having the political implications that it would have had in the final two months of the election. By then, Trump will have a more open calendar so a longer sentence is possible.

In the meantime, Trump is still a felon. I don't think he can appeal prior to sentencing.

Cited and related links:

upi.com

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Comments on "Justice Merchan's sentencing delay may not be the win for Trump some are saying.":

by ROB3RT on September 6, 2024 7:37 pm

Trump bragged about grabbing women by the pussy and he was convicted of rape in the same way.

Here's what I'm really curious about-- Does Harris call him a "rapist" on the debate stage?

Does she say "no one convicted of rape should decide what women can do with their bodies?"

by ROB3RT on September 6, 2024 7:44 pm

Actually, I think the more accurate phrase is that Trump is an "adjudicated rapist." Apologies to President Tiny Fingers.

by HatetheSwamp on September 7, 2024 4:25 am

It'll never survive appeal. E Jean doesn't even know what year it happened.

by Curt_Anderson on September 7, 2024 9:33 am
HtS,
That E Jean Carroll cannot remember the date is not a reason for appeal. Appeals are NOT given because the jury believed a certain witness or evidence. Appeals are given because of some sort of process issue like misconduct by the judge or jury, etc.

by oldedude on September 7, 2024 10:26 am
There are a couple of reasons for an appeal. First is the overt change of the law specifically changed for trumpster. The politicians ran on this, so there's little doubt of it. It's called "selective prosecution" which is illegal. They tried earlier but were told they had to wait for appeal. They've already tried on Merchan's daughter who worked for kammy's campaign, but no one will say if she isn't working on that any more. If not, then that doesn't exist.

by Indy! on September 7, 2024 11:09 am

Trump is toast. Doesn't matter if he gets off for this one - his life is an open book now and the last thing a low rent con man like Trump needs is for everyone to know his business, especially the law.

by Ponderer on September 7, 2024 6:06 pm

I kinda feel like the judge has got a sentence in mind that may be so shockingly appropriate, though surprising in great length that he figured it probably would cause too much uproar this close to an election.

I've been feeling that even though he could get as much as five years for each of the 34 felony convictions, that he'll probably get something like one month for each count. Thirty four months, maybe 3 years, is about what I'm guessing.

The question is going to be where is he going to serve those three years?

Again, I am still thinking that high security house arrest in Maralago would not only be fair and appropriate, poetically Shakespearian for him but in no way "cruel or unusual" to serve his time under. Limited visiting hours. Limited calls. Everything that he'd have to deal with if he was a convicted felon in a state prison in Florida. Even the same food that convicts eat, only prepared in the facilities in his home-turned-prison just for him. The Secret Service could work with the state prison employees since they are already climatized to the facility. He just couldn't ever leave.

by Ponderer on September 7, 2024 6:08 pm

I'll be a little surprised if the judge gives him more than a month per conviction. But it will certainly be justified, and you'll get no argument from me about it...

by Indy! on September 7, 2024 7:46 pm

The Florida State Prison is a lot worse than Mar-a-Lago. He wouldn't last two hours at Raiford.

by Ponderer on September 8, 2024 8:05 am

Oh of course he wouldn't, Indy!. He'd be squealing like a stuck pig inside of twenty minutes. And we'd suddenly all start hearing how dastardly and inhumane the prison system is being to him even though he was getting the same treatment that all prisoners would get.

That's part of why I think house arrest in Maralago would be so perfect. He certainly couldn't complain about the horrible conditions of the facility he was being imprisoned in. And he wouldn't have to become some other prisoner's sex slave or anything. He wouldn't even have to deal with any other prisoners. He just couldn't leave except for a medical emergency or have guests any longer. Just limited visits and calls out exactly as a felony prisoner in a state prison would.

Wouldn't it be fun to hear a taped interview with him crying and bitching and whining to Fox viewers someday soon and a recorded voice breaks in every 15 seconds or so saying "This call is coming from a state sanctioned correctional facility and is being monitored..."?

by Ponderer on September 8, 2024 8:11 am

I mean...

Just the thought of him wandering the halls all alone, except for a SS agent or prison guard here and there... his sad footfalls echoing throughout that gaudy palace of greed, ego, and avarice... waiting longingly for the time when they bring him his next Big Mac and diet coke...

by HatetheSwamp on September 8, 2024 8:28 am

"Appeals are NOT given because the jury believed a certain witness or evidence. Appeals are given because of some sort of process issue like misconduct by the judge or jury, etc."

Ah, from the former clerk of Supreme Court Justice John Jay. Keehee ha, ahhhhhhhhhhh.

by HatetheSwamp on September 8, 2024 8:31 am

"The Florida State Prison is a lot worse than Mar-a-Lago. He wouldn't last two hours at Raiford."

Indy,

Remember your former mantra that rich white men don't go to jail? You made so much more sense before you lost your heart to Kammy.

by Ponderer on September 8, 2024 11:17 am

Yeah, but this is one rich white man who has made life difficult for all the other rich white men who get away with things, Bill. This one rich white (orange really) man went too far. Many, many, many times. On a scale that no other rich white man has ever been so reckless, careless, and scofflaw about. Ever. And while trying to dismantle our quarter millennium old democracy to boot. He must be made an example of. Like Bernie Madoff was. Most rich white men would agree, I'd wager.

by Indy! on September 8, 2024 11:27 am

Right Pondy. I know the MAGAts think they can read minds or something and they know everything about us just because they've had a few conversations on the board here... but obviously pb here has not been paying attention because I have always said the one asterisk to the RICH not going to prison is the RICH who steal from the RICH or bring too much unnecessary attention to the wealthy's obscene wealth. Much like the mob did back in the day.

And not to get too technical here - but where did I say Trump was going to jail anyway?

by HatetheSwamp on September 8, 2024 12:15 pm

Indy. Read your keystrokes:

"The Florida State Prison is a lot worse than Mar-a-Lago. He wouldn't last two hours at Raiford."

by meagain on September 8, 2024 1:01 pm
It is entirely possible that any term of incarceration would have to be served in the White House where he will need access to Cabinet Officers and files. Then comes the question of who will be allowed to visit: to communicate with him in any way. He may not be allowed to call Putin, for example, because Putin is already convicted of war crimes by the IPCC. It will be quite a logistical feat to carry off a Presidency in those conditions.

by HatetheSwamp on September 8, 2024 1:12 pm

With this Supreme Court and the ridiculous lawfare cases, no conviction of Trump will withstand appeal.

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