Donald Trump’s latest move to delay the sentencing of Stormy Daniels case, The trial in which he was found guilty of 34 crimes has failed. The former president’s defense asked a federal court to take over the case, which would have delayed the process indefinitely and prevented a sentence before the presidential elections on November 56. Judge Alvin Hellerstein, however, refused to have jurisdiction over the case on Tuesday. in a forceful four-page resolution. It is still possible that Judge Juan Merchan will delay the verdict for a while, but it is in his hands to dictate a sentence that could involve prison sentences.
Hellerstein denied Trump’s lawyers permission to file documents asking the U.S. District Court in Manhattan to take over the case. He said the defense had met the burden of proof required for a federal court to take over the case. Trump was found guilty by a jury after a trial in a New York state court. He was convicted of falsifying invoices, checks and accounting records to conceal payments to porn star Stormy Daniels — to keep her quiet and not hurt her 2016 presidential hopes.
Following the Supreme Court ruling two months ago granting broad criminal immunity to the presidents for their official acts, Judge Merchan gave the parties a deadline to present their arguments and provisionally set a new sentencing date of September 18.
Trump wanted the case moved to federal court precisely so he could seek to have the verdict overturned and the case dismissed in the wake of the Supreme Court’s July 1 ruling. Hellerstein, who denied Trump’s request to move the case to federal court last year, said nothing in the Supreme Court’s ruling affects his “prior conclusion that the hush money payments” in Trump’s case “were private, unofficial acts outside the bounds of executive authority.”
The judge quotes himself in relation to his previous ruling and says that “the payment of hush money to a porn actress is not related to the official acts of the president.” “It does not in any way reflect the nature of the presidential functions,” he adds, even though two of the checks were signed in the White House.
Trump’s lawyers also asked Judge Merchan two weeks ago to postpone the sentence until after the election. In theory, the sentence could put Trump behind bars for years, although the most common case is that he is released on parole.
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Two other cases that seemed to be on hold have also recently come back to the fore, although neither of them will go to trial before the November 5 elections. Federal Judge Aileen Cannon, appointed by Trump himself, surprisingly decided to shelve the Mar-a-Lago papers case in July on the grounds that the appointment of the special prosecutor, Jack Smith, was illegal because he had not been appointed by the president (the attorney general did) nor had he been ratified by the Senate. However, Smith filed an appeal on Monday with the Court of Appeals for the 11th Circuit, or judicial division, which has already dealt the judge several legal blows for her decisions in favor of Trump.
The other case that had been left hanging is that of the same prosecutor before a Washington DC court in which Trump is accused of his attempts to alter the result of the 2020 election, which he lost to Joe Biden. The prosecutor has obtained a new indictment voted by another grand jury that considers it fits the new doctrine and that maintains the accusation for the four crimes of the previous one. In it, he leaves aside those acts that, in his opinion, are covered by the Supreme Court’s ruling, mainly his interactions with the Department of Justice, and presents as private acts of a candidate the pressures on authorities to alter the result. Trump and his lawyers believe that the new accusation continues to violate his immunity and also now allege illegality in the appointment of the prosecutor. Judge Tanya Chutkan, appointed by Barack Obama, will have to decide, at least in the first instance. A hearing on that case is scheduled for this Thursday in Washington.
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