FOX News legal analysts Andy McCarthy and Jonathan Turley predicted Tuesday that Judge Juan Marchan will “delay” the Manhattan lawsuit against President-elect Donald Trump rather than dismissing it.
Manhattan prosecutors came forward after a jury convicted Trump in May of 34 counts of falsifying business records to keep private a $130,000 payment to former porn actress Stormy Daniels. has a Tuesday deadline to tell Marchand how he wants to proceed with sentencing Trump. McCarthy and Turley said the lawsuit would likely be delayed until after Trump’s inauguration, rather than being dropped entirely.
“I think they’re going to be late, but at this point, [Manhattan District Attorney Alvin] Mr. Bragg dismissed the case…I think the difference here compared to other cases is that Mr. Bragg feels he didn’t lose at trial, he feels he won at trial,” McCarthy said. said. “So it’s going to be hard for him to chew it over and ignore it at this point. But he’s not quite won yet, because nothing important has happened here yet, and the sentencing… No judgment or sentencing has yet been carried out, and there is no clear path to getting there. If Judge Machan grants a discharge, it will likely require a lengthy appeal.
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Turley said he did not expect the judge to drop the case because a jury had already convicted Trump at trial, but it would be a national decision to delay the case until after the 2024 election. He argued that it was not a good idea. (Related: CNN’s Ellie Honig says Trump’s future sentencing is a “50-50 decision”)
“The federal case is winding down, the state of Georgia isn’t going anywhere, and yet here we have Judge Marchan. I can’t believe Judge Marchan has lasted this long, even after the attraction has been brought back to court and the audience has left. A lot of people are feeling it,” Turley said. “So there’s going to be a big sigh of relief. You just don’t expect it. I think the judge is going to see this as a verdict by this jury that they’re not just going to put aside this for four years.” I don’t think postponing is a good option. We can’t have a president like this. [has a] In my view, the judgment has been pending for four years. ”
Turley added that President Trump is more likely to pay a fine than jail time in connection with a conviction. McCarthy also suggested that Trump’s lawyers believe the case is headed in their direction, whether it’s dismissed or delayed for four years.
Special Counsel Jack Smith has contacted the Department of Justice (DOJ) to drop two lawsuits filed against Trump after the election. He indicted Trump on more than 30 counts for allegedly storing classified documents at Mar-a-Lago, and on January 6, 2021, filed a lawsuit against the current president-elect for allegedly trying to overturn the 2020 election. He was charged with four crimes.
Fulton County District Attorney Fani Willis filed a lawsuit against Trump in August 2023 under Georgia’s Racketeering Influenced and Corrupt Organization (RICO) law for allegedly trying to overturn Georgia’s 2020 election results. He was charged with 18 crimes. In June, the Georgia Court of Appeals put the case on hold over a pending case to determine whether to disqualify Willis over his alleged undisclosed affair with special counsel Nathan Wade.
The Court of Appeals canceled oral arguments scheduled for Monday night, Dec. 5, regarding Willis’ disbarment and put the entire case on hold.
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