The Lawfare Sentencing Of Trump On January 10 Will Backfire

Update (1220ET): President-Elect Donald Trump is attempting to halt proceedings in his business records case, with his attorneys stating that they intend to file an appeal to reverse a decision setting sentencing for Jan. 10.

His request came on Jan. 6, just days after Merchan’s decision on Jan. 3.

Trump’s lawyers argued that their appeal should trigger what’s known as an automatic stay, or pause, in the proceedings. If that doesn’t happen, they argued, Merchan should then grant a pause and prevent sentencing from happening on Friday as scheduled.

“Today, President Trump’s legal team moved to stop the unlawful sentencing in the Manhattan D.A.’s Witch Hunt,” Trump’s spokesperson, Steven Cheung, said.

“The Supreme Court’s historic decision on Immunity, the state constitution of New York, and other established legal precedent mandate that this meritless hoax be immediately dismissed.”

As a reminder, in December, Merchan rejected Trump’s various immunity-related objections to the evidence used during trial.

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As MishTalk.com’s Mike Shedlock detailed earlier, MAGA supporters rail against Trump’s sentencing ahead of his inauguration. Instead, they should be pleased.

Let’s discuss why…

Sentencing on January 10

Politico reports Trump Will Be Sentenced but Won’t Get Jail Time.

A New York judge plans to sentence Donald Trump on Jan. 10 for his criminal hush money conviction, rejecting efforts by the president-elect to sweep aside a jury’s verdict that found him guilty of 34 felony counts.

But Justice Juan Merchan indicated he will not sentence Trump to prison time, acknowledging that incarceration is not a “practicable” option. And the judge said Trump may attend the sentencing virtually rather than reporting to court in person.

The long-delayed sentencing — unless a higher court blocks it — will force Trump to revisit the sordid hush money case just 10 days before his inauguration. And by maintaining the jury’s verdict, Merchan all but ensured that Trump will take office with his sole criminal conviction still on his record.

In an 18-page decision Friday, Merchan ruled that the Supreme Court’s July decision on presidential immunity does not shield Trump from facing sentencing for the conviction. And the judge rejected Trump’s arguments that the entire case should be thrown out in light of his victory in the 2024 election, calling the suggestion an affront to the justice system.

Merchan also sharply criticized Trump for his “disdain” for the legal process. In addition to continually criticizing the case itself, Trump repeatedly argued for Merchan to recuse himself, claiming the judge was biased. During the trial, he disobeyed the judge’s gag order and often appeared to fall asleep in court.

Democrats Cheer, for Now

Sentencing ahead of the inauguration will let Democrats claim Trump will take office with his sole criminal conviction on his record.

I view this as mostly good news.

Q: Why?

A: Sentencing now will speed up the appeals process.

This is a sham trial that never should have happened. And the mistakes made by Merchan ensure the case will be tossed out.

Had Merchan delayed sentencing, Democrats might have held sentencing over Trump for four more years.

Hunter Biden Convicted

On June 11, I commented Hunter Biden Convicted, Unlike Trump, Hunter’s Conviction Won’t Be Overturned

Hey Joe, how does it feel to have a son convicted of a felony? For now you can call Trump a felon, but that won’t last due to numerous and flagrant judicial errors.

Trump Found Guilty – a Travesty of Justice for America

I commented on Trump in my post Trump Found Guilty – a Travesty of Justice for America

I Am Outraged

I am outraged but not surprised. But the hypocrites will cheer hoping for a knockout.

They will say “No one is above the law”. Indeed. But no one should be beneath the law either.

Every effort has been made to put Joe Biden, Hunter Biden, and Hillary Clinton above the law. And every effort has been made to put Trump beneath the law, including judicial instructions.

Everyone should be outraged. The trial was unfair because there should not have been a trial at all. The judge’s actions were outrageous.

Pardon vs Overturned Conviction

President Biden lied about Hunter. Then is a disgraceful move, the president pardoned his son.

However, accepting a pardon implies guilt. Hunter won’t go to prison where he belongs. But no one can say he wasn’t guilty.

If New York Governor Kathy Hochul offers Trump a pardon, he should refuse it on grounds of innocence.

And as soon as the Trump conviction is overturned, and it will be, no one will be able to call Trump a felon.

Sentencing now will speed up an appeal, and the conviction will be tossed, hopefully with prejudice.

So let the hypocrites have another month or whatever of bragging. Then reality will set in with an easy overturn on multiple grounds.