Judge Marchan did a fine job in pre-trial proceedings and at the trial in May where Trump was found guilty of 34 counts of a felony offense. But his post-trial actions have been filled with errors based on too little respect for the law and too much deference to the convicted criminal in the case.
Trump should have been sentenced in September. Marchan taking into account the upcoming election was a egregious decision with no legal precedent and no legal logic. Criminals shouldn't get a respite from sentencing merely because they want a particular job in the future.
And his decision now to sentence Trump next week but give him an Unconditional Discharge is ludicrous. UDs are given in felony cases only where the defendant is deserving for some extraordinary reason; the statute requires such reasons to be rendered in writing. There is simply no mitigating circumstance for Trump absent possibly his advanced age. Moreover, he has shown no remorse for his actions which, according to Merchan:
""premediated and continuous deception by the leader of the free world."
And:
""Defendant's disdain for the Third Branch of government, whether state or federal, in New York or elsewhere, is a matter of public record. Indeed, Defendant has gone to great lengths to broadcast on social media and other forums his lack of respect for judges, juries, grand juries and the justice system as a whole,"
https://www.msn.com/en-us/news/politics/judge-in-trump-hush-money-case-expected-to-sentence-him-to-unconditional-discharge/ar-AA1wVuFz?ocid=msedgntp&pc=U531&cvid=bf607d448feb4834b7e4eae43764cffc&ei=14
Unconditional discharges are not meant for unrepentant felons. If a jail or prison sentence is not viable, then Trump should at least receive a hefty fine and a period of probation.
@no1marauder saidthe judge and prosecutor should be disbarred for malicious lawfare prosection
Judge Marchan did a fine job in pre-trial proceedings and at the trial in May where Trump was found guilty of 34 counts of a felony offense. But his post-trial actions have been filled with errors based on too little respect for the law and too much deference to the convicted criminal in the case.
Trump should have been sentenced in September. Marchan taking into accou ...[text shortened]... n sentence is not viable, then Trump should at least receive a hefty fine and a period of probation.
Its sad you liberal democrats make a mockery of our laws and abuse the power given to them.
To this day no one knows the predicate crime that made these felonies, not even you…you are a loser pos
@Mott-The-Hoople saidMAGA idiots can be safely ignored when they ignorantly spew propaganda that they have swallowed from right wing "news" outlets.
the judge and prosecutor should be disbarred for malicious lawfare prosection
Its sad you liberal democrats make a mockery of our laws and abuse the power given to them.
To this day no one knows the predicate crime that made these felonies, not even you…you are a loser pos
There were four possible predicate crimes: https://www.politico.com/live-updates/2024/05/21/trump-hush-money-criminal-trial/no-unanimity-needed-for-predicate-crimes-00159225
These were laid out in prosecutorial filings long before the trial as I have already shown you and others multiple times.
It took a crooked state Attorney General and a crooked District Attorney to bring all the bogus charges to start with, AFTER the DOJ refused to do it because there was nothing there and the statute of limitations had run out anyway.
THEN they got a crooked judge to waive the statute of limitations, which was not in his power to begin with.
All 34 of those "felonies" stemmed from booking decisions a couple different accountants made that Trump knew nothing about, but a hand-selected totally biased jury ignored all that and found him guilty.
Now you come along and want a judge to put Trump in prison a week before he takes office..
Sounds fair to me.
@Mott-The-Hoople saidNot to mention the statute of limitations had run out, but they got a judge to waive it and proceed with the prosecution anyway.
the judge and prosecutor should be disbarred for malicious lawfare prosection
Its sad you liberal democrats make a mockery of our laws and abuse the power given to them.
To this day no one knows the predicate crime that made these felonies, not even you…you are a loser pos
NOBODY has the power to waive the statute of limitations and pretend it doesn't exist in order to prosecute someone. It is iron-clad black letter law. Trial should have ended right there.
But hey, the Dems believe in the rule of law, so I guess if they say it's OK, then that's the end of the story.
@Cliff-Mashburn saidTo repeat:
It took a crooked state Attorney General and a crooked District Attorney to bring all the bogus charges to start with, AFTER the DOJ refused to do it because there was nothing there and the statute of limitations had run out anyway.
THEN they got a crooked judge to waive the statute of limitations, which was not in his power to begin with.
All 34 of those "felonies ...[text shortened]... me along and want a judge to put Trump in prison a week before he takes office..
Sounds fair to me.
MAGA idiots can be safely ignored when they ignorantly spew propaganda that they have swallowed from right wing "news" outlets.
For your homework, you might want to read Judge Marchan's pre-trial Order here: https://www.nycourts.gov/LegacyPDFS/press/PDFs/People-v-DonaldTrump2-15-24Decision.pdf
As to Statute of Limitations, they weren't "waived" by the Judge; see Section IV on PP. 22-23 (copying it resulted in numerous errors; I'll see if I can find a better link).
Anyway, none of these right wing posts are even relevant to the subject of this thread. All concern issues that will be dealt with on appeal.
The subject of the thread is given that Donald Trump has been convicted by a jury of 34 separate counts of a felony, what should his sentence be? Say the defendant in this case wasn't named Donald Trump, what would a reasonable expectation be for sentencing given the facts of the case and defendant's actions?
@no1marauder saidif his name wasnt Donald J Trump there would be no case.
Anyway, none of these right wing posts are even relevant to the subject of this thread. All concern issues that will be dealt with on appeal.
The subject of the thread is given that Donald Trump has been convicted by a jury of 34 separate counts of a felony, what should his sentence be? Say the defendant in this case wasn't named Donald Trump, what would a reasonable expectation be for sentencing given the facts of the case and defendant's actions?
States cant enforce federal law…end of story.
just a shytweasel supporting lawfare…it never ends well, just the mockery of our justice system
@Mott-The-Hoople saidAren't you the law and order guys?
if his name wasnt Donald J Trump there would be no case.
States cant enforce federal law…end of story.
just a shytweasel supporting lawfare…it never ends well, just the mockery of our justice system
Trump broke real laws, repeatedly and with the presumption that he wouldn't be caught because of his name and influence.
He's exactly the type of person out juetice system should be holding accountable.
@Mott-The-Hoople saidHe wasn't convicted of violating Federal law but of NY Penal Law sec 175.10. https://law.justia.com/codes/new-york/pen/part-3/title-k/article-175/175-10/
if his name wasnt Donald J Trump there would be no case.
States cant enforce federal law…end of story.
just a shytweasel supporting lawfare…it never ends well, just the mockery of our justice system
You've been informed of this many times on this Forum; what is it about right wingers these days that they cling to the falsehoods told them by their propaganda outlets rather than accept the truth?
The crime Falsifying Business Records in the First Degree is routinely prosecuted in NY courts. https://www.justsecurity.org/85605/survey-of-past-new-york-felony-prosecutions-for-falsifying-business-records/
@no1marauder saiddont lie!
He wasn't convicted of violating Federal law but of NY Penal Law sec 175.10. https://law.justia.com/codes/new-york/pen/part-3/title-k/article-175/175-10/
You've been informed of this many times on this Forum; what is it about right wingers these days that they cling to the falsehoods told them by their propaganda outlets rather than accept the truth?
The crime Falsi ...[text shortened]... .justsecurity.org/85605/survey-of-past-new-york-felony-prosecutions-for-falsifying-business-records/
“In Trump's case, prosecutors said that other crime was a violation of a New York election law that makes it illegal for "any two or more persons" to "conspire to promote or prevent the election of any person to a public office by unlawful means," as Justice Juan Merchan explained in his instructions to the jury.
What exactly those "unlawful means" were in this case was up to the jury to decide. Prosecutors put forth three areas that they could consider: a violation of federal campaign finance laws, falsification of other business records or a violation of tax laws”
Trump did not participate in any NY election
@Mott-The-Hoople saidYes, there was an election in New York in 2016, idiot.
dont lie!
“In Trump's case, prosecutors said that other crime was a violation of a New York election law that makes it illegal for "any two or more persons" to "conspire to promote or prevent the election of any person to a public office by unlawful means," as Justice Juan Merchan explained in his instructions to the jury.
What exactly those "unlawful means" wer ...[text shortened]... f other business records or a violation of tax laws”
Trump did not participate in any NY election
Your accusations of "lying" remain the most simple minded and easiest to disprove of anybody on this Forum. Everything in my post is accurate as the links I've provided easily show.
Moreover, your post shows you should know exactly what "predicate crime" was relied on in total contradiction to your claim that "no one" knows what it was. In fact, the jury was given specific instructions outlining the theory of the case as you helpfully admitted. Nor is the jury required to convict someone of predicate crimes to convict them of the indicted one, nor does the jury need to agree on which predicate crimes the defendant intended to commit nor that they even committed them in this case.
If you actually read the jury instructions and weren't completely pre-brainwashed, you'd have a small chance of actually understanding this.
And again, this is all irrelevant to the subject of this thread.
@no1marauder saidwhat election did Trump participate in in NY?
Yes, there was an election in New York in 2016, idiot.
Your accusations of "lying" remain the most simple minded and easiest to disprove of anybody on this Forum. Everything in my post is accurate as the links I've provided easily show.
@Mott-The-Hoople saidThe one that selected electors.
what election did Trump participate in in NY?
The law is straight forward:
Any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of a misdemeanor.
https://newyork.public.law/laws/n.y._election_law_section_17-152
Surely President of the United States is a "public office".
@no1marauder saidand there you are…a misdemeanor NY doesnt not have the authority to enfoce federal law
The one that selected electors.
The law is straight forward:
Any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of a misdemeanor.
https://newyork.public.law/laws/n.y._election_law_section_17-152
Surely President of the United States is a "public office".
that is where you lied