© Olivia Falcigno
(New York, NY) – Now that President-elect Trump is headed back to the White House, the status of his conviction for allegedly falsified business records is up in the air. Not only did Trump win the election, but the Supreme Court also handed down a ruling earlier this year, suggesting some evidence allowed during the trial should not have been.
Today, Judge Juan Merchan decided the case will be frozen until next week — as prosecutors and Trump’s defense attorneys are huddling over a possible outcome. Trump’s scheduled sentencing date had been November 26.
Manhattan prosecutors made Trump the first former president in history to be indicted with a crime, in connection to a payment that was allegedly made to porn actress Stormy Daniels. The argument was made that Trump had improperly classified the payment as a legal expense, because his attorney arranged for the payment to Daniels. Many argued it would be difficult for Trump to get a fair trial in left-leaning Manhattan, and he was eventually convicted.
The Supreme Court ruling said presidents enjoy a certain level of immunity from prosecution as connected to their “official duties” as president. It’s possible Judge Merchan will decide the case needs to be retried in light of that fact. There’s also the strong likelihood that Trump’s attorneys will appeal the conviction when and if a sentence is handed down. Merchan has the ability to dismiss the case outright, or sentence Trump to prison, house-arrest, or probation.
Of course, that leaves aside the obvious complication of Trump soon entering the White House as Chief Executive — which technically oversees the Department of Justice. Some experts say the DOJ cannot actively prosecute the sitting president, so if there is a retrial ordered, the case may be dismissed that way.
