Prominent lawyer Alan Dershowitz said Tuesday that New York Judge Juan Machan’s decision to postpone President-elect Donald Trump’s sentencing after his conviction was “wise but wrong” and that Trump He said it was a violation of his constitutional rights.
Marchan ruled Monday night that Trump lacks presidential immunity in a lawsuit centered on a $130,000 payment to porn star Stormy Daniels in 2016. Dershowitz said Marchand is blocking Trump’s appeal of his conviction on 34 felony counts of falsifying business records. (Related: Alan Dershowitz outlines how Trump’s lawyers should deal with Bragg’s plan to ‘freeze’ business documents litigation)
“Mr. Marchand’s determination was that any of the actions that were brought into evidence were personal actions and actions that were beyond his role as president,” Dershowitz said. “Basically what I’m saying is that this entire incident is outside the scope of his role as president, so the Supreme Court’s decision has no application at all.”
clock:
“But, you know, he did something else that was smart but wrong and unconstitutional,” Dershowitz said. “He basically said that because I’m making the decision, even if I’m wrong, I can’t appeal it because I’m going to postpone the decision until he’s done with his presidency. “You know the rules in New York, you can’t appeal something unless it’s sentenced, and I’m not going to sentence you, and I can’t sentence you.” If so, you can’t prove me wrong. In other words, I am above the law and am a king. ”
Manhattan District Attorney Alvin Bragg signed a legal motion on November 19 opposing a motion by Trump’s lawyers to dismiss the case and instead request that sentencing be delayed until 2029, when Trump leaves office. asked Mr. Machan. Dershowitz said Trump’s team was not helpless in dealing with Marchand’s ruling.
“If he were to rule to delay sentencing for years, I would definitely encourage Mr. Trump’s lawyers to file a writ of mandamus, or special writ, in the Appellate Division,” Dershowitz said. Deaf,” he said, explaining the structure of New York’s court system. I reiterated his recommendation. Dershowitz also took aim at the underlying charges for which Trump was convicted.
“The whole conviction is bogus,” Dershowitz said. “The whole conviction…is nothing but a fabricated law and its sentence. I was in the courtroom and saw them. It’s clearly unconstitutional and it’s clear that it would be reversed if there was an appeal.” There are also illegal decisions.”
All content produced by the Daily Caller News Foundation, an independent, nonpartisan news distribution service, is available free of charge to legitimate news publishers with large audiences. All republished articles must include our logo, reporter byline, and DCNF affiliation. If you have any questions about our guidelines or partnering with us, please contact us at licensing@dailycallernewsfoundation.org.