GREGG JARRETT: Trump’s sentencing is delayed. Will reality ever take a bite out of Bragg’s outrageous case?
Trump attorney Alina Habba joined 'America's Newsroom' to discuss why Trump's New York criminal case should be dismissed after Judge Juan Merchan delayed a major decision on his convictions.
"The law is an ass" is an English proverb now liberally practiced by certain American judges who are neither sensible nor fair.
New York Judge Juan Merchan has consistently proven the point by his maltreatment of Donald Trump in the ill-conceived, if not farcical, prosecution brought by Manhattan District Attorney Alvin Bragg. The case resulted in preordained guilty verdicts last May in a trial that stands as a monument to injustice.
But on Friday, in the aftermath of Trump’s presidential victory, Merchan postponed indefinitely next week’s scheduled sentencing and reluctantly agreed to formally consider a defense motion to dismiss the case entirely. A sensible and fair judge would grant it. That may exclude Merchan.
NEW YORK JUDGE GRANTS TRUMP REQUEST TO FILE MOTION TO DISMISS CHARGES, CANCELS SENTENCING INDEFINITELY
In previous letters to the judge, defense attorneys make a compelling argument that the convictions should be vacated given their client’s election as the next commander-in-chief. It is a position that is constitutionally unique.
They correctly contend that "immediate dismissal is mandated by the federal Constitution, the Presidential Transition Act of 1963, and the interest of justice to facilitate the orderly transition of executive power…"
Indeed, it is well established that presidents are immune from any criminal process, state or federal. This same principle necessarily extends to a president-elect who must be free from "disruption occasioned by the transfer of power." (3 U.S.C. 102 note)
States have no authority to transgress federal laws passed by Congress, including the Transition Act. Interference by a local prosecutor and/or judge could jeopardize the national interest and prove detrimental to the safety and well being of its people, as the statute explains.
BRAGG VS. TRUMP: NYC IS........© Fox News
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