In light of the decision made by the U.S. Supreme Court in July regarding presidential immunity, the lead judge of the New York “Hush Money Case” will decide this week whether to overturn the criminal conviction of President Trump in this case.
According to Reuters, Juan Merchan, the Chief Justice of the New York State Supreme Court, stated that he will rule on Tuesday on whether to overturn the guilty verdict against Trump by the jury. He also needs to decide whether to sentence Trump on November 26 as originally planned. Legal experts suggest that it seems unlikely at this point for sentencing to take place before Trump’s presidential inauguration on January 20.
If Merchan makes a decision in favor of Trump regarding presidential immunity or delays the sentencing, it could pave the way for Trump’s return to the White House, as it would largely remove any obstacles from the four separate criminal cases that had threatened his efforts to regain the presidency.
Officials from the U.S. Department of Justice are also evaluating how to resolve the two federal criminal cases brought against Trump by special prosecutor Jack Smith, as the department’s longstanding policy is not to prosecute a sitting president. Another case involving the 2020 presidential election in Georgia is a state-level criminal prosecution that is still pending.
At the age of 78, Trump has pleaded not guilty and denied any wrongdoing in all four cases, blaming them on political persecution by allies of Democratic President Joe Biden to obstruct his campaign.
A spokesperson for Trump’s campaign team, Steven Cheung, stated in a release last Friday, “It is now abundantly clear that the American people want our justice system to stop being weaponized.”
In late March 2023, a New York jury found Trump guilty on all 34 felony charges, including first-degree falsifying business records, in the so-called “Hush Money Case,” related to paying hush money to adult film star Stormy Daniels and concealing an extramarital affair during the 2016 presidential campaign. This verdict made Trump the first president in U.S. history to be convicted of a crime.
Trump has denied all these charges and vowed to appeal.
On July 1 of this year, the U.S. Supreme Court ruled that special prosecutor Smith’s federal criminal case against Trump could not proceed due to the president’s official acts, but only for his personal actions.
Trump’s attorneys believe that after this Supreme Court decision, the Hush Money Case must be dismissed.
However, prosecutors from the team of Manhattan District Attorney Alvin Bragg, a Democrat, argue that the Supreme Court’s ruling does not apply to this case. They argue that this case involves Trump’s “totally unofficial conduct,” while the Supreme Court stated in its ruling that the president’s unofficial conduct is not shielded by immunity.
Anna Cominsky, a professor at New York Law School, said, “Even if the judge believes that certain evidence should not have been presented, it will not change the jury’s decision, so the court will not dismiss the case on that basis.”
Experts predict that even if Merchan allows the jury’s conviction to stand, Trump’s attorneys will request a postponement of the sentencing. Following the conviction on 34 felony counts, Trump faces a maximum of four years in prison. While it is more likely that Trump could be fined or given probation as a lighter sentence, imprisonment is still a possibility.