{"id":2326984,"date":"2024-08-19T16:45:01","date_gmt":"2024-08-19T20:45:01","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/this-week-in-lawfare-land-will-merchan-sentence-trump-pre-election\/"},"modified":"2024-08-19T16:48:44","modified_gmt":"2024-08-19T20:48:44","slug":"this-week-in-lawfare-land-will-merchan-sentence-trump-pre-election","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/this-week-in-lawfare-land-will-merchan-sentence-trump-pre-election\/","title":{"rendered":"This Week In Lawfare Land: Will Merchan Sentence Trump Pre-Election?"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">20<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fthis-week-in-lawfare-land-will-merchan-sentence-trump-pre-election%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2326984&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>The\u200b summary provides an overview \u2062of <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/biden-and-garlands-relationship-more-frigid-amid-hunter-biden-case-report\/\" title=\"Report: Biden and Garland&#039;s relationship strained over Hunter Biden case\">ongoing \u200dlegal battles\u2062 involving<\/a> \u2062former President Donald \u200bTrump across various jurisdictions, with a particular \u200cfocus on cases in New York, Georgia, Florida, and Washington D.C. <\/p>\n<p>In New York, Trump is contesting a sentencing scheduled just \u200bbefore the upcoming \u2064Election Day, following \u200ca guilty verdict for falsifying business records \u200dlinked\u200c to <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/worst-case-of-prosecutorial-abuse-alan-dershowitz-reacts-to-trump-indictment\/\" title=\"\u2018Worst Case of Prosecutorial Abuse\u2019: Alan Dershowitz Reacts to Trump Indictment\">hush money paid<\/a>\u2063 to Stormy Daniels. The District Attorney,\u200d Alvin Bragg, has opted not to state a position on Trump&#8217;s \u2062request for a sentencing delay.<\/p>\n<p>In Georgia, Trump \u200cfaces 13 felony charges related to his attempts\u2064 to challenge the 2020 election results. The case is currently stalled due\u200b to an appellate\u2062 court hearing regarding the prosecutor\u2019s qualifications.<\/p>\n<p>In Florida, Trump \u2063has been charged with mishandling classified\u200d documents at his Mar-a-Lago \u2062estate, but\u200d a <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/federal-judge-refuses-to-dismiss-white-former-employees-racial-discrimination-lawsuit-against-seattle\/\" title=\"Federal judge denies dismissal of racial discrimination lawsuit by white former employee against Seattle.\">judge recently dismissed<\/a> the case, citing unconstitutional aspects \u200dof the Special Counsel&#8217;s appointment. The Department of Justice is \u200bappealing this dismissal.<\/p>\n<p>In Washington D.C., Trump is charged with conspiracy and obstruction related to the January 6 Capitol \u2062events, with his defense arguing for presidential immunity for actions taken during official duties. A recent Supreme Court ruling suggests that former\u2062 presidents may have significant immunity in criminal \u200bprosecutions \u200drelated to\u2064 their official \u200cactions.<\/p>\n<p>these\u200c cases highlight \u2063a turbulent \u200dlegal landscape for \u200dTrump \u200das he navigates multiple charges while seeking to \u2063maintain his\u2062 political\u200d aspirations.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<div>\n<p>While the cases against Donald Trump in Georgia and Florida have either stalled or fallen apart completely, the former president is still actively fighting attempts to imprison him in New York and Washington D.C. after a Supreme Court decision cast further doubt on the legitimacy of the lawfare cases. <\/p>\n<p>In New York, Trump is fighting to postpone a sentencing that is currently scheduled to take place 48 days before Election Day. On Monday, District Attorney Alvin Bragg tossed the ball into Judge Juan Merchan&rsquo;s court, <a href=\"https:\/\/www.politico.com\/news\/2024\/08\/19\/trump-sentencing-delay-bragg-00174599\">saying<\/a> he would not take a position on Trump&rsquo;s request for a delay.<\/p>\n<p>Here&rsquo;s the latest information you need to know about each case.<\/p>\n<p><em><a href=\"https:\/\/thefederalist.com\/tag\/this-week-in-lawfare-land\/\" target=\"_blank\" rel=\"noreferrer noopener\">Read our previous installments here.<\/a><\/em><\/p>\n<h2><strong>Manhattan, New York: Prosecution by DA Alvin Bragg for NDA Payment<\/strong><\/h2>\n<p><strong>How we got here<\/strong>: Manhattan District Attorney Alvin Bragg &mdash;&nbsp;<a href=\"https:\/\/www.nytimes.com\/2024\/04\/09\/magazine\/alvin-bragg-donald-trump-trial.html\" target=\"_blank\" rel=\"noreferrer noopener\">who<\/a>&nbsp;&ldquo;campaigned as the best candidate to go after the former president&rdquo; &mdash;&nbsp;charged former President Donald Trump with 34 felony charges for alleged falsification of <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/white-house-hopes-to-keep-potential-trump-indictment-at-arms-length\/\" title=\"White House hopes to keep potential Trump indictment at arm&#039;s-length\">business records relating<\/a> to a nondisclosure agreement paid by Trump&rsquo;s former attorney Michael Cohen to pornographic film actress Stormy Daniels.<\/p>\n<p>This criminal trial concluded on May 30, with the jury returning a guilty verdict that Trump is expected to appeal. The conviction does not affect President Trump&rsquo;s ability to run for president, though it may present complications with his ability to run a modern presidential campaign.<\/p>\n<p><strong>Latest developments<\/strong>: The U.S. Supreme Court <a href=\"https:\/\/www.politico.com\/news\/2024\/08\/05\/supreme-court-trump-hush-money-missouri-lawsuit-00172710\" target=\"_blank\" rel=\"noreferrer noopener\">rejected an attempt by Missouri Attorney General Andrew Bailey<\/a> to delay President Trump&rsquo;s sentencing until after the November election.&nbsp; In an unconventional move, the Missouri attorney general, on behalf of Missouri, sued the state of New York, alleging that the hush money prosecution and sentencing violated Missouri voters&rsquo; rights and impeded their ability to &ldquo;fully engag[e] with and hear[] from a major-party Presidential candidate in the run up to the November election.&rdquo; The Supreme Court has jurisdiction to hear suits between states, but it denied Missouri&rsquo;s request.&nbsp;<\/p>\n<p>On Wednesday, President Trump&rsquo;s lawyers requested to delay the sentencing hearing until after the November election. Monday, Bragg&rsquo;s office declined to take a position on the request, which is now pending before Judge Juan Merchan.<\/p>\n<h2><strong>Fulton County, Georgia: Prosecution by DA Fani Willis for Questioning Election Results<\/strong><\/h2>\n<p><strong>How we got here<\/strong>: The Georgia state criminal case is helmed by District Attorney Fani Willis, who charged Trump with 13 felony counts, including racketeering charges, related to his alleged attempt to challenge the 2020 election results in Georgia. This case is currently stalled while the Georgia Court of Appeals hears an appeal on whether Willis should be disqualified from the case.<\/p>\n<p><strong>Latest developments<\/strong>:&nbsp;No new updates.&nbsp;<\/p>\n<h2><strong>Southern District of Florida: Prosecution by Biden DOJ for Handling of Classified Documents<\/strong><\/h2>\n<p><strong>How we got here<\/strong>: In this federal criminal case, Special Counsel Jack Smith and federal prosecutors with Biden&rsquo;s Justice Department&nbsp;<a href=\"https:\/\/thefederalist.com\/2023\/06\/09\/biden-doj-indicts-former-president-donald-trump-over-classified-documents-squabble\/\" target=\"_blank\" rel=\"noreferrer noopener\">charged former President Trump in June 2023 with 40 federal charges related to his alleged mishandling of classified documents<\/a>&nbsp;at his Mar-a-Lago residence. In early May, Judge Aileen Cannon postponed this trial indefinitely.&nbsp;<\/p>\n<p>On July 15,<strong>&nbsp;<\/strong>Judge Cannon&nbsp;<a href=\"https:\/\/www.nytimes.com\/2024\/07\/15\/us\/politics\/trump-document-case-dismissed.html?campaign_id=60&amp;emc=edit_na_20240715&amp;instance_id=0&amp;nl=breaking-news&amp;ref=cta&amp;regi_id=253434950&amp;segment_id=172205&amp;user_id=911058b10feb90ceef7e3c170c01fb23\" target=\"_blank\" rel=\"noreferrer noopener\">dismissed<\/a>&nbsp;the entire case because the appointment of Special Counsel Jack Smith violated the Constitution. Specifically, the appointment was unconstitutional due to improper funding, insufficient appointment procedures by the President and Senate, and a lack of statutory authority to bring the case.&nbsp;<\/p>\n<p>Special Counsel<strong> <\/strong>Jack Smith <a href=\"https:\/\/www.washingtonexaminer.com\/news\/justice\/3098945\/appeals-court-sets-schedule-doj-bid-revive-trump-classified-documents-case\/\" target=\"_blank\" rel=\"noreferrer noopener\">appealed<\/a> Judge Cannon&rsquo;s decision to dismiss the case. The appeal is now before the U.S. Court of Appeals for the 11th Circuit, and the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/biden-debate-performance-renews-spotlight-on-hur-tapes-washington-examiner\/\" title=\"Biden debate performance renews spotlight on Hur tapes - Washington Examiner\">special counsel&#038;rsquo<\/a>;s opening brief is due August 27.&nbsp;<\/p>\n<p><strong>Latest developments:&nbsp;<\/strong> No new updates.&nbsp;<\/p>\n<h2><strong>Washington, D.C.:&nbsp; Prosecution by Biden DOJ for Jan. 6 Speech<\/strong><\/h2>\n<p><strong>How we got here<\/strong>: In this federal criminal case, Special Counsel Jack Smith&nbsp;<a href=\"https:\/\/thefederalist.com\/2023\/08\/03\/jack-smiths-latest-indictment-is-legally-flawed-and-politically-suspect\/\">charged former President Trump with four counts of conspiracy and obstruction<\/a>&nbsp;related to his actions on Jan. 6, 2021. President Trump&rsquo;s lawyers have argued that immunity extends to actions taken by a president while acting in his official capacity and that, in any event, the First Amendment protects his right to raise legitimate questions about a questionable election process. The issue reached the Supreme Court.&nbsp;<\/p>\n<p>On July 1, the Supreme Court issued a major decision in<em>&nbsp;<\/em><a href=\"https:\/\/www.supremecourt.gov\/opinions\/23pdf\/23-939_e2pg.pdf\"><em>Trump v. United States<\/em><\/a>&nbsp;and determined that a former president is entitled &ldquo;to absolute immunity from criminal prosecution&rdquo; for &ldquo;actions within [the President&rsquo;s] conclusive and preclusive constitutional authority.&rdquo; These would be actions such as presidential pardons, vetoes of legislation, naming and managing agency officials, and recognizing foreign governments. Further, for anything else a president does that is within the &ldquo;outer perimeter of the president&rsquo;s official responsibilities,&rdquo; there is still a presumption of immunity from criminal prosecution. The scope of what falls within this &ldquo;outer perimeter&rdquo; will be determined by a lower court, but presumptively anything done by a president when acting in that capacity, rather than a strictly campaign capacity, could well carry with it immunity.<\/p>\n<p><strong>Latest developments:<\/strong>&nbsp;Following the Supreme Court&rsquo;s decision on immunity, Special Counsel Jack Smith <a href=\"https:\/\/www.nbcnews.com\/politics\/donald-trump\/jack-smith-asks-judge-delay-steps-trump-election-case-rcna165898\" target=\"_blank\" rel=\"noreferrer noopener\">requested a delay<\/a> until Aug. 30 to allow prosecutors time to decide next steps in this case.&nbsp;Judge Chutkan granted the delay request.&nbsp;<\/p>\n<p>On Thursday, former President Donald Trump was handed another <a href=\"https:\/\/www.newsweek.com\/donald-trump-judge-tanya-chutkan-election-interference-case-washington-classified-documents-jan-6-1940197\" target=\"_blank\" rel=\"noreferrer noopener\">victory<\/a> as Judge Chutkan determined that Trump is permitted to rely on certain classified documents in his defense. The nature of the classified documents is unclear because Judge Chutkan&rsquo;s order was under seal.&nbsp;<\/p>\n<h2><strong>New York: Lawsuit by A.G. Letitia James&nbsp;for Inflating Net Worth<\/strong><\/h2>\n<p><strong>How we got here<\/strong>: Democrat Attorney General Letitia James &mdash; who&nbsp;<a href=\"https:\/\/www.washingtonpost.com\/politics\/2018\/12\/19\/new-yorks-next-attorney-general-targeted-slumlords-now-shes-going-after-trump\/\">campaigned<\/a>&nbsp;on going after Trump &mdash; sued former President Trump alleging that he misled banks, insurers, and others about his net worth to obtain loans, although none of the parties involved claimed to have been injured.&nbsp;Following a no-jury trial,&nbsp;Judge Arthur Engoron&nbsp;<a href=\"https:\/\/thefederalist.com\/2024\/02\/16\/trump-fined-350-million-in-democrats-latest-gambit-to-rig-the-2024-election\/\">issued a decision<\/a>&nbsp;in February&nbsp;ordering Trump to pay a $454 million penalty. Trump has appealed this decision and posted a required&nbsp;<a href=\"https:\/\/thefederalist.com\/2024\/03\/26\/trumps-reduced-bond-doesnt-make-letitia-james-election-meddling-lawfare-any-less-scandalous\/\">$175 million appeal bond<\/a>.&nbsp;<\/p>\n<p><strong>Latest developments<\/strong>: No new updates.<\/p>\n<hr>\n<p>      Steve Roberts is a partner and Oliver Roberts is an associate with Holtzman Vogel Baran Torchinksy &amp; Josefiak PLLC. They can be reached at sroberts@holtzmanvogel.com and oroberts@holtzmanvogel.com.<\/p>\n<\/p><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>While the legal cases against Donald Trump in Georgia and Florida have either stalled or collapsed, the former president continues to contest efforts to imprison him in New York and Washington D.C. This follows a Supreme Court ruling that raised questions about the validity of these legal actions. In New York, Trump is seeking to delay a sentencing set for 48 days before Election Day. On Monday, District Attorney Alvin Bragg indicated he would not take a stance on Trump&#8217;s request for a postponement, leaving it up to Judge Juan Merchan.<\/p>\n<p>Here\u2019s an update on each case:<\/p>\n<p>**Manhattan, New York: Prosecution by DA Alvin Bragg for NDA Payment**<br \/>\n&#8211; **Background:** Manhattan DA Alvin Bragg charged Trump with 34 felony counts related to alleged falsification of business records concerning payments made by his former attorney Michael Cohen to adult film actress Stormy Daniels.<br \/>\n&#8211; **Current Status:** The trial concluded on May 30 with a guilty verdict that Trump plans to appeal. Although this conviction does not prevent him from running for president, it may complicate his campaign efforts.<br \/>\n&#8211; **Recent Developments:** The U.S. Supreme Court rejected Missouri Attorney General Andrew Bailey&#8217;s attempt to postpone Trump&#8217;s sentencing until after the November election. Bailey had sued New York on behalf of Missouri voters, claiming their rights were violated by the prosecution&#8217;s timing. The Supreme Court denied this request.<\/p>\n<p>**Fulton County, Georgia: Prosecution by DA Fani Willis for Questioning Election Results**<br \/>\n&#8211; **Background:** In Georgia, DA Fani Willis has charged Trump with 13 felony counts related to his alleged attempts to overturn the 2020 election results.<br \/>\n&#8211; **Current Status:** This case is currently stalled as the Georgia Court of Appeals reviews an appeal regarding whether Willis should be disqualified from prosecuting.<\/p>\n<p>**Southern District of Florida: Prosecution by Biden DOJ for Handling Classified Documents**<br \/>\n&#8211; **Background:** Special Counsel Jack Smith and federal prosecutors charged Trump in June 2023 with 40 federal offenses concerning mishandling classified documents at Mar-a-Lago.<br \/>\n&#8211; **Current Status:** Judge Aileen Cannon postponed this trial indefinitely and later dismissed it due to constitutional issues surrounding Smith&#8217;s appointment as Special Counsel. Smith has appealed this dismissal; proceedings are ongoing.<\/p>\n<p>**Washington D.C.: Prosecution by Biden DOJ for Jan. 6 Speech**<br \/>\n&#8211; **Background:** Special Counsel Jack Smith has charged Trump with conspiracy and obstruction related to events on January 6, 2021.<br \/>\n&#8211; **Current Status:** Trump&#8217;s lawyers argue he is immune from prosecution while acting in his official capacity as president; this issue reached the Supreme Court which ruled that former presidents have absolute immunity regarding certain actions within their constitutional authority.<br \/>\n&#8211; **Recent Developments:** Following this ruling, Judge Chutkan granted a delay requested by Smith until August 30 so prosecutors can determine next steps in light of recent developments allowing Trump access to certain classified documents relevant for his defense.<\/p>\n<p>**New York: Lawsuit by A.G. Letitia James for Inflating Net Worth**<br \/>\n&#8211; **Background:** Attorney General Letitia James filed suit against Trump alleging he misrepresented his net worth when dealing with banks and insurers; however, no parties involved claimed harm from these actions.<br \/>\n&#8211; **Current Status:** After a non-jury trial led by Judge Arthur Engoron resulted in an order requiring Trump pay $454 million\u2014a decision he is appealing while posting a $175 million bond.<\/p>\n<p>Steve Roberts is a partner and Oliver Roberts is an associate at Holtzman Vogel Baran Torchinsky &amp; Josefiak PLLC; they can be contacted via email at sroberts@holtzmanvogel.com or oroberts@holtzmanvogel.com<\/p>\n","protected":false},"author":3036,"featured_media":2326985,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/08\/NYC_Trump_court_trial_2024-04-30_003-e1724087388724.jpg","fifu_image_alt":"","footnotes":""},"categories":[546],"tags":[16727,32375,3634],"class_list":["post-2326984","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-federalist","tag-lawfare","tag-merchan","tag-trump"],"fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/08\/NYC_Trump_court_trial_2024-04-30_003-e1724087388724.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2326984","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/3036"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2326984"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2326984\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2326985"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2326984"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2326984"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2326984"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}