Criminal lawyer Bill Brennan said Friday there are indications that Judge Juan Marchan will postpone former President Donald Trump's Sept. 18 sentencing.
Manhattan District Attorney Alvin Bragg recently took no position on Trump's request to delay the trial until after the November election. Brennan, who previously represented Trump, told CNN News Central that Bragg's lack of opposition to Trump's request and the fact that Marchand was order The postponement of the original July 11 sentencing suggests the September 18 sentencing date will not be stuck. (Related: “Political justice”: Kamala Harris' antics during confirmation hearings hint at the “radical” judge she will nominate)
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Lawyer tells CNN it's a sign judge will delay Trump's sentencing date pic.twitter.com/Uy7ox1L84T
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“I don't believe a verdict will be issued on the 18th for a number of reasons,” Brennan told host Boris Sanchez. “The Manhattan district attorney's office appears to be open to a postponement until a date after the presidential election. And we've heard that the former president's lawyers have filed a motion to transfer the case to federal court.”
“Whether that will happen is something I can't predict, but if you look at the order that Judge Marchan signed in July postponing sentencing until September, I believe that order used similar language to say, 'Sentence will be entered in September, if necessary,'” he added. “When you take that together with the instructions from Bragg's office, it shows that he is not opposed to postponing sentencing. I believe the outlook going forward will be a postponement.”
Trump's lawyers said Thursday motion Transfers the New York business records case to federal court and postpones the date of trial, based in part on the Supreme Court's presidential immunity decision, which held that the president is immune from criminal prosecution for “official business” performed while in office.
“Boris' ruling was really broad, very comprehensive. It gave the president almost total immunity. Of course, they have total immunity for anything they do in official duty,” Brennan said. “They have presumed immunity for other official acts… It would be a very unusual move to move a case to federal court, but the Supreme Court ruling is a very unusual ruling, so it could happen. I don't think it will happen, but it's a possibility.”
A Manhattan jury in May found Trump guilty of 34 counts of falsifying business documents in connection with paying back former lawyer Michael Cohen over a non-disclosure agreement with porn actress Stormy Daniels.
CNN senior legal analyst Ellie Honig said Thursday that Trump's sentencing may not take place until after the November election because Judge Marchan could either throw out the conviction or delay the sentence by upholding the conviction but allowing the former president to appeal before sentencing.
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