Donald Trump's “frivolous” money case has made a “mockery of the criminal justice system”, a lawyer has claimed.
Trump's sentencing for a payment to former porn star Stormy Daniels has been postponed indefinitely following a decision by a New York judge on Friday.
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But David Gilman, founding attorney at New Jersey-based Gilman lawCo., LLC told the US Sun that the New York secret money case should be dismissed entirely.
The president-elect was facing four years in power prison Because of payments made to an adult by his former lawyer, Michael Cohen film Actress Daniels to cover up an affair the couple allegedly had in 2016.
Trump has denied this issue.
Earlier this week, prosecuting attorney Alvin Bragg, a Democrat, agreed that any ruling was unlikely in the wake of Trump's election victory.
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However, he said Trump could face sentencing after his second term ends, in 2029, by which time he would be 83 years old.
“It's so trivial,” Gilman said. “When President Trump is out of office, he will be 83 years old.”
“What they're doing is truly unjust. Frankly, it's a mockery of the criminal justice system,” he added.
Gelman said there is a presumption against Trump not being imprisoned because he has never been charged or convicted. crime.
“It is very unknown He added: “The ground is because no criminal charges have been brought against a president before.”
“Furthermore, I believe that waiting until 2029 is a violation of due process.”
Gilman said that by 2029, we will be living in “a whole other world.”
“Who knows if Alvin Bragg will even be DA in 2029?” He said.
“Who knows if Judge Merchan will be a judge in 2029? I would venture to guess no to both.”
Gilman called on Judge Merchan to “do the right thing for once” by “dismissing this entire case.”
Attention now turns to December 2, the date on which Trump's lawyers must submit additional papers as part of their argument that the case should be dismissed.
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Trump's legal problems
Betty Duncum, a leading Florida attorney, spoke to The US Sun about what a delay in Trump's financial case in New York could mean.
“There are a lot of legal issues, called immunities, that affect the president and even the president-elect during the transition period.
“These immunities extend to things like presidents, they must be free to conduct presidential business, they cannot be impeded by prosecutions, so the law in layman's terms prevents prosecutors from bringing or continuing cases during a president's time in office.
“The Trump team will move to dismiss the case outright. They will obviously be briefed on that and worked on it as the months go by.”
“In terms of his second term in office in terms of policies and what he would do, he had an agenda that he had already set through executive orders. So that policy will continue. I think the way it impacts Trump is more personal.”
“Whether or not this case will be tried now in 2029 is inconsistent with some case law in the United States. There is case law from New York and other jurisdictions governing delays in sentencing.
“There is longstanding case law that says if there is an unreasonable delay in issuing a ruling, the court may lose jurisdiction in that case. Everything about what is happening with Donald Trump in these criminal cases is new in the legal system. This has never happened before, so Judges are always very careful about when they branch out into new territory.
“In general, they always want to try to go back to as many previous decisions as possible, because there's a lot that's new here. There are a lot of issues that in legal terms we call first impression issues. So it complicates things.”
He added: “This case is not over until it is over. There are a lot of obstacles in the way of these prosecutions, because Trump is the president now, and everything must be postponed.”
The prosecution has until December 9 to respond.
Gilman believes Trump the next The legal step would be to “file a motion to dismiss the order completely.”
For reasons of “judicial economics,” as well as the fact that Trump enjoyed immunity at the time of the charges, Gelman says Trump’s team will push for impeachment.
As for the impact of the pending ruling on Trump's second term, Gelman said it is “nothing. Literally, absolutely, 100% nothing.”
He described the entire case as “100% politically motivated,” with the goal of “keeping President Trump off the campaign trail.”
Gellman said the move “completely backfired” thanks to Trump's landslide victory over Harris.
“He won the Electoral College, he won the popular vote, and it wasn't even close,” he added.
“So, the American people saw this as the Department of Justice being used as a weapon against President Trump.”
“It was weaponized by Alvin Bragg's office against President Trump,” Gelman continued.
“And what they're doing now is they're redoubling their efforts because they have egg on their faces.”
