Prominent lawyer Alan Dershowitz said Monday he will “do everything in his power” to ensure that New York Judge Juan Marchan upholds the conviction of former President Donald Trump.
Following the July 1 Supreme Court ruling on presidential immunity, Marchant postponed the sentencing of 34 felony counts of falsifying business records against Trump until September 18. Dershowitz continued, despite the immunity ruling and another Supreme Court ruling: Verdict Adhering to the principle that a jury's verdict must be unanimous on facts used as a sentencing enhancement, Marchan would likely seek to avoid overturning the jury's verdict. (Related article: Alvin Bragg's team agrees to postpone Trump trial following Supreme Court immunity decision)
“The Supreme Court ruled in the final week of the session that, to achieve what happened in this case, you need a unanimous jury to enhance the penalty,” Dershowitz said, referring to the court's 6-3 decision in Erlinger v. United States. “Remember, in this case, you could have changed a misdemeanor to a felony, you could have changed the statute of limitations and enhanced the penalty without a unanimous jury, but you didn't need a unanimous jury to do that. You didn't even need to know what crime the jury looked at. There would have been multiple options. Some jurors looked at this, some looked at that, some looked at the other, and you'd have a 7-5 vote, some looked at the 6-6 vote, and who knows?”
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In Erlinger v. United States, the Court ruled that under the Fifth and Sixth Amendments, a jury must unanimously find beyond a reasonable doubt the facts that justify a sentencing enhancement. according to To Newsweek.
“I believe the New York case should be overturned, and that's why I think Judge Marchan is going to do everything in his power not to overturn it and postpone the ruling until September to give them time to come up with a good reason not to overturn it,” Dershowitz added.
Legal experts have questioned Marchan's instructions in the case ahead of jury deliberations, with one expert saying the jury's inability to agree on the underlying crimes that should be covered up by the alleged falsification of records was a clear sign of “doubt.”
Marchan has come under fire from Trump supporters and legal experts for what they see as bias against Trump over his handling of former President Trump's business records case. According to the New York Post, Marchan's daughter Lauren owned a company that helped Democrats raise at least $93 million in the prosecution of the former president. report What Trump shared on Truth Social.
Colangelo, a former Biden administration official, served as a senior adviser in Manhattan District Attorney Alvin Bragg's office ahead of Trump's business records trial and helped with opening statements in the case.
Federal Election Commission (FEC) record Merchant earned $15. Donate Two $10 donations to President Joe Biden's 2020 presidential campaign and Democratic Party fundraising sites, one to a group called “Stop Republicans” and the other to a group called “Progressive Turnout Project.”
U.S. District Judge Eileen Cannon of the Southern District of Florida ruled that Smith's appointment violated the Appointments Clause of the Constitution and dismissed the classified materials charges against Trump. Constitution Page 93 Verdict She was released Monday morning. Smith announced she would appeal her decision to the U.S. Court of Appeals for the 11th Circuit.
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