Trump trial verdict is in - guilty!

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Prosecutors with the Manhattan District Attorney's office said Tuesday they would oppose President-elect Trump's attempt to dismiss his criminal conviction in New York but they also told the judge they do not object to pausing the case.

The district attorney's office suggested deferring all remaining proceedings in the case, including the November 26 sentencing, until after Trump leaves the White House in 2029.

"Given the need to balance competing constitutional interests, consideration must be given to various non-dismissal options that may address any concerns raised by the pendency of a post-trial criminal proceeding during the presidency, such as deferral of all remaining criminal proceedings until after the end of Defendant's upcoming presidential term," prosecutors wrote in a letter to the judge.

"The People deeply respect the Office of the President, are mindful of the demands and obligations of the presidency, and acknowledge that Defendant's inauguration will raise unprecedented legal questions. We also deeply respect the fundamental role of the jury in our constitutional system."

Judge Juan Merchan has the final say about the next step in the case and he has yet to weigh in.

"This is a total and definitive victory for President Trump and the American People who elected him in a landslide. The Manhattan DA has conceded that this Witch Hunt cannot continue. The lawless case is now stayed, and President Trump's legal team is moving to get it dismissed once and for all," said Trump spokesperson Steven Cheung.

Since July, Trump's attorneys have been pushing to have the conviction vacated and the case dismissed by arguing that prosecutors filled "glaring holes in their case" with evidence of official acts that the Supreme Court recently ruled off limits in its landmark presidential immunity decision.

Trump's lawyers have also argued for a dismissal by citing the Presidential Transition Act of 1963, which urges government officers to take "lawful steps to avoid or minimize disruptions" to the presidential transition.

While prosecutors have argued that the Supreme Court's ruling that Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office has no bearing on Trump's conviction, they haven't publicly signaled a position on the upcoming sentencing since Trump's election.

The New York judge who presided over Donald Trump’s hush money trial denied the president-elect’s bid to vacate his guilty verdict on presidential immunity grounds.

"Defendant’s motion to dismiss the indictment and verdict is denied," Judge Juan Merchan wrote in a ruling Monday.

He handed down the decision after also denying Trump's argument that he's already protected by presidential immunity because of his election win. "This court does not agree," the judge wrote.

Trump spokesman Steven Cheung bashed the ruling, calling it “a direct violation of the Supreme Court’s decision on immunity."

"This lawless case should have never been brought, and the Constitution demands that it be immediately dismissed," he said.

Trump's attorneys had argued the indictment and verdict should be thrown out in light of a Supreme Court ruling issued weeks later that created a new standard for presidential immunity.

Prosecutors from the Manhattan district attorney's office, they contended, should not have been allowed to present evidence of Trump's “official acts” to jurors, including public statements relating to the case. Prosecutors countered that evidence didn't impact the verdict, which they argued should be kept in place.

The judge agreed, citing "the overwhelming evidence of guilt" presented by the district attorney's office.

He said some of Trump's "claims relate entirely to unofficial conduct and thus, receive no immunity protections."

"[E]ven if this Court were to deem all of the contested evidence, both preserved and unpreserved, as official conduct falling within the outer perimeter of Defendant’s Presidential authority, it would still find that the People’s use of these acts as evidence of the decidedly personal acts of falsifying business records poses no danger of intrusion on the authority and function of the Executive Branch," he wrote.

A New York judge has ordered President-elect Trump’s criminal sentencing for Jan. 10, rejecting his demand that his hush money case be dismissed to accommodate his presidency following his election victory.

Judge Juan Merchan signaled he is inclined to impose no punishment for Trump’s 34-count felony conviction, given concerns about his immunity from criminal prosecution upon taking the oath of office.

Merchan said an unconditional discharge “appears to be the most viable solution” and he would allow Trump to appear virtually.

“While this Court as a matter of law must not make any determination on sentencing prior to giving the parties and Defendant an opportunity to be heard, it seems proper at this juncture to make known the Court’s inclination to not impose any sentence of incarceration, a sentence authorized by the conviction but one the People concede they no longer view as a practicable recommendation,” Merchan wrote.

Merchan’s decision keeps Trump’s criminal conviction on the books, meaning he would be the first felon to assume the presidency, though Trump still can appeal the jury’s verdict.

Trump spokesperson Steven Cheung said in a statement following Merchan’s decision that there should be no sentencing, suggesting that the “deeply conflicted” judge’s ruling violates the Supreme Court’s presidential immunity ruling.

So the take away here is...? Even if you are a criminal??You still can be President . At what point did the system fail the people of the USA ? . Makes you wonder , how did this happen ?

So the take away here is...? Even if you are a criminal??You still can be President . At what point did the system fail the people of the USA ? . Makes you wonder , how did this happen ?

Thank you so very much for these updates ...! So can a convicted Felon still hold the office of the President ? legally ?

A New York appeals court judge on Tuesday denied Donald Trump's bid for an emergency order halting the president-elect's scheduled sentencing Friday on criminal charges in the hush money case.

Justice Ellen Gesmer rejected the emergency stay request following brief arguments between Trump attorney Todd Blanche and a lawyer from the Manhattan district attorney's office.

"There has never been a case like this," Blanche told Gesmer in the hearing at the state Appellate Division, a mid-level appeals court.

Blanche argued that Trump is already protected by presidential immunity and "should not have to go through any legal process."

Steven Wu of the Manhattan district attorney's office urged the judge reject the request.

"This is a claim that the president-elect is entitled to immunity, and there is no support for that," he said, adding that the "claim is so baseless that there is no basis for any kind of stay here."

"There is one president at a time," Wu said.

The judge asked the DA lawyer about Trump's claim that the proceeding would be disruptive to his presidential transition.

Wu responded that the proceeding would be virtual and would likely take about an hour.

Blanche countered that a sentencing is "a very big deal."

Trump's petition said the appeals court needed to grant “an immediate stay of any further criminal proceedings" in the trial court to "prevent ongoing violations of the constitutional rights of President Trump and a threatened disruption of the Presidential transition, a process that directly concerns the United States of America’s national security and vital interests."

In a brief ruling, Gesmer wrote, “After consideration of the papers submitted and the extensive oral argument, movant’s application for an interim stay is denied.”

Trump's petition said the appeals court needed to grant “an immediate stay of any further criminal proceedings" in the trial court to "prevent ongoing violations of the constitutional rights of President Trump and a threatened disruption of the Presidential transition, a process that directly concerns the United States of America’s national security and vital interests."

President-elect Trump was spared any punishment for his hush money criminal conviction Friday when a New York judge sentenced him to an unconditional discharge, eschewing jail time while securing his status as the first person convicted of a felony to assume the presidency.

Judge Juan Merchan’s decision to release Trump with no strings attached caps the first and only criminal trial of a former president, less than two weeks before he’s set to return to the White House.

After careful analysis and obedience of government mandates, pursuant of law, the court feels the only sentence is an unconditional discharge, which is a lawful and permissible sentence for falsifying business records,” Merchan said, according to The Hill’s affiliate NewsNation which was in the courtroom.

“I impose that sentence for all 34 counts, and sir, I wish you godspeed as you pursue your second term in office,” the judge said.

With the judge’s permission, Trump appeared virtually for the roughly 40-minute-long sentencing on Friday.

In his typical stump speech style, Trump told the judge he is “totally innocent” and had a “very terrible experience” in Manhattan’s criminal court system.

“It’s an injustice of justice,” Trump said.
With the judge’s permission, Trump appeared virtually for Friday’s sentencing, which lasted roughly 40 minutes.

Does he have to give a DNA sample?

By law, every person convicted of a felony in New York must provide a DNA sample for the state’s crime databank.

Samples are collected after sentencing, typically when a defendant reports to probation, jail or prison. Samples can also be taken by a court or police official.

It’s a noninvasive process involving a swab along the inside of the cheek. State police analyze the cells and genetic material, creating a profile that is then entered into the databank.

There, technology takes over, performing automatic searches and comparing profiles of people convicted of crimes with profiles of DNA collected at crime scenes. Matches can be used to identify a suspect in an unsolved crime.

New York’s databank contains profiles for more than 720,000 offenders and is connected to the FBI’s Combined DNA Index System.

This is the ultimate demonstration of "one law for us, one law for them." If you are powerful enough, you can commit ANY crime with ZERO consequences, is what this says. Usually the legal profession tries to pretend that isn't true.