Emboldened by re-election, Trump renews bid to overturn conviction

WASHINGTON – Following his election victory, President-elect Donald Trump is making a resurrected bid to have his criminal conviction thrown out in New York, and he’s hoping to get exonerated. His record consists of 34 crimes Before he returned to the White House, he was unsealed on Nov. 12, court records show.

Emboldened by the election results, Trump’s lawyers recently moved to drop the case against the former and future president, who was convicted in May of falsifying records to cover up a sex scandal.

The Manhattan district attorney’s office in New York City, which is prosecuting Trump, asked that decisions in the case be paused until Nov. 19 to weigh how to respond. And the judge overseeing the case, Mr. Juan M. Merchan, granted an immediate stay, effectively freezing progress for the next week.

Mr. Merchan was due to rule on several key issues in November, including Trump’s sentencing, but that plan is now on hold. The decision, which was expected to be given on November 12 regarding previous efforts to dismiss the case, has been postponed indefinitely.

In requesting a stay, a Manhattan prosecutor emailed the judge on Nov. 10, acknowledging the “unprecedented circumstances” and the need to weigh the competing interests of the jury’s verdict against “the office of the president.” A public email was released during the November 12 demonstrations.

In response, one of Trump’s lawyers, Mr. Emil Bove, wrote that the stay and impeachment were “necessary to prevent unconstitutional obstruction of President Trump’s ability to govern.”

Trump, the nation’s first convicted former president and first felon president-elect, was elected thanks to this reversal of legal fortunes. Following his victory, a judge in Washington paused all deadlines in his federal criminal case; Meanwhile, prosecutors evaluated whether the charges would be dropped due to Trump’s return to the White House.

The president-elect’s effort to resolve all four criminal cases encapsulates his broad view of presidential power and its supremacy over the rule of law.

In Manhattan, his lawyers cited a Supreme Court decision granting broad immunity for official presidential actions as well as a 1963 law that underscores the importance of a smooth transition into office.

Trump’s lawyers may also rely on the Justice Department’s longstanding policy that a president cannot face federal criminal charges. This policy undoubtedly applies to both of Trump’s federal criminal cases, but his authority over Manhattan District Attorney Alvin Bragg is an open question.

Trump found guilty in Manhattan caseUnlike his federal case, which never went to trial in Washington. Mr. Bragg may argue that he is not in danger of violating Justice Department policy because his prosecutors have already secured convictions.

Facing a historically unique dilemma, Mr. Bragg, a career prosecutor and elected Democrat, has a decision he can’t win. He can either drop the case and alienate his Manhattan base, or he can try to preserve the conviction and risk provoking the ire of the incoming administration.

Mr. Mark C. Zauderer, an experienced New York litigator and partner in the law firm of Dorf Nelson & Zauderer, said Mr. Bragg was now entering “an uncertain legal vortex.” “At some point he will have to make a choice between either moving forward or doing what is essentially seen as waving the white flag.”

But Trump’s fate will ultimately be in the hands of the courts, not Mr. Bragg. Mr Merchan will decide whether to overturn the conviction; According to this decision, the president-elect can appeal in state or federal court. If all else fails, Trump has another valuable card up his sleeve: an appeal to the U.S. Supreme Court, where the 6-3 conservative majority includes three justices he appointed in his first term.

Mr. Zauderer, who is on a committee screening applicants for the court to hear Trump’s appeal, said an alternative solution might be to freeze the case entirely for four years while Trump is in office. In this scenario, Mr. Merchan would not impose Trump’s sentence until 2029 at the earliest.

“Kicking the can down the road is a possibility,” Mr. Zauderer said.