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Lionel returns to Redacted with Natali and Clayton Morris to discuss the legal ramifications of an impending Trump sentencing. Judge Juan Merchan, unsurprisingly, denied former President Donald Trump’s motion to have the judge recuse himself from the case brought by Manhattan District Attorney Alvin Bragg. This case involved Trump being found guilty in June on 34 counts of falsifying business records related to hush-money payments. Merchan had previously rejected similar recusal requests and made it clear that he intended to proceed with sentencing on September 18.
Trump’s defense team had been working to delay the sentencing and presented strong arguments based on a recent U.S. Supreme Court ruling from July. The ruling declared that presidents, including former presidents, are generally immune from criminal prosecution for official acts performed while in office. Trump’s lawyers argued that this immunity should extend to the charges brought against him, as some of his official acts were used as evidence in the prosecution. They also cited Judge Merchan’s alleged conflict of interest due to his daughter’s political work for Vice President Kamala Harris, now Trump’s opponent in the upcoming election.
Despite these arguments, Merchan denied the recusal motion, signaling his intention to rule on Trump’s immunity claim by September 16. However, based on his previous actions, it is likely that Merchan will reject Trump’s immunity arguments and proceed with sentencing. The defense team had submitted briefs to argue that the guilty verdicts should be vacated, but Merchan’s adherence to the sentencing schedule suggests that he has no plans to reverse the verdicts or step down from the case.
As many legal experts speculate, Merchan is expected to rationalize that Trump was not charged directly for his official acts as president, and that the verdict would have been reached even without the evidence Trump’s team claims should be immunized. Given Merchan’s track record in this case, it is unlikely he will change his stance at this late stage.
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