The criminal verdicts pertained to Donald Trump are now caught in a legal uncertainty as prosecuting entities weigh how to address his election triumph. As the weekend unfolded, legal representatives for the President-elect requested the court to postpone two upcoming hearings related to a quiet payoff case in New York within his responsibility. The proposed postponements include an immunity hearing as well as a sentencing one following Trump’s reelection. To decide on the future path, prosecutors have decided to take a week to deliberate, eager to respond judiciously to the unprecedented scenario at hand.
Matthew Colangelo, one of the prosecutors, conveyed his agreement on the uniqueness of the circumstances in a formal letter to the judge. The court, as per the letter, would need to delicately navigate between the conflicting requirements of respecting a guilty ruling from a legal proceeding involving a jury, and acknowledging the responsibilities held by the Presidential office.
The jury, based in New York, had found Trump culpable of manipulating business accounts to conceal a sexual controversy relating to Stormy Daniels, a former adult movie celebrity. This was an unheard-of event, as no former President had previously been held guilty of illegal activities.
In total, Trump was indicted on 34 felony charges, each having a potential sentence that can extend up to four years of incarceration. Considering the nature of the charges and the sentence they potentially carry, many speculate that, under normal conditions, Trump would likely find himself bound for Rikers Island, an infamous prison, given an analysis of comparable proceedings.
However, the Department of Justice adopts a tradition of refraining from deciding cases involving sitting presidents. Likewise, state courts are typically relied upon to adhere to the same practice, though not strictly mandated to do so.
The defense team representing Trump, however, posited that due to the immunity that comes with presidential office, the case should either be dismissed in its entirety, or transferred to the federal court. Within the scope of federal court’s jurisdiction, Trump holds the ability to potentially pardoning himself.
The hearing that was to rule over the claim of immunity was initially scheduled for a Tuesday impact. However, the circumstances at that time saw Trump as a former president, not the president-elect he is currently viewed as.
In the light of this significant change, prosecution has presented a request asking for additional time until November 19, to allow for composing a written motion that discusses their thoughts on the next step of action.
If the prosecutors choose to advocate for incarceration, this will give rise to a multitude of intricate constitutional considerations about the ability of a state court to sentence a president-elect.
The least of defensive actions expected from Trump’s legal counsel would likely be an argument that his sentence cannot be executed until post ending his presidential term. This would, as per legal evaluations, render it equivocal that he would end up serving any actual jail time.