Trump Court Clocks

 

Sentencing Postponement: Originally scheduled for November 26, 2024, Trump’s sentencing has been indefinitely postponed. Judge Juan Merchan granted this delay to allow Trump’s legal team to file a motion to dismiss the case, citing his recent election victory and the potential implications of prosecuting a sitting president.

 

Motion to Dismiss: Trump’s attorneys are preparing to submit a motion to dismiss the case, arguing that proceeding with the prosecution could disrupt the presidential transition and governance. They are expected to file this motion by December 2, 2024, with prosecutors given until December 9 to respond.

 

Prosecutors’ Position: Manhattan District Attorney Alvin Bragg has expressed opposition to dismissing the case. However, he has acknowledged the complexities introduced by Trump’s election and has suggested that proceedings might be frozen until the end of Trump’s term in 2029.

 

Legal Context: These developments follow a recent Supreme Court ruling affirming presidential immunity for official acts, which has influenced the handling of this and other cases involving Trump. The court’s decision has led to delays and potential dismissals of certain charges against the president-elect.

In July 2024, the U.S. Supreme Court issued a landmark ruling in Trump v. United States, addressing the extent of presidential immunity from criminal prosecution.

The Court’s decision delineated three categories of presidential actions with corresponding levels of immunity:

1. Absolute Immunity for Core Constitutional Functions: The Court held that a president possesses absolute immunity from criminal prosecution for actions that fall within the “exclusive sphere of constitutional authority.”

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   This encompasses duties explicitly assigned to the president by the Constitution, such as vetoing legislation or issuing pardons.

2. Presumptive Immunity for Official Acts: For actions within the “outer perimeter” of official responsibilities, the president is entitled to a presumptive immunity.

   Supreme Court of the United States

   This means that while the president is generally protected from prosecution for these acts, this presumption can be challenged if it is demonstrated that the actions were unlawful and not essential to presidential duties.

3. No Immunity for Unofficial Acts: The Court clarified that there is no immunity for actions undertaken in a personal capacity, unrelated to official presidential functions.

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   Such actions are subject to standard legal processes and potential prosecution.