‘Petty’ prosecutor left with ‘egg on face’ after Trump’s win but still trying to make ‘mockery’ of system, lawyers warn
The “petty” hush money lawsuit against Donald Trump has made “a mockery of the criminal justice system,” according to a lawyer.
A New York judge’s ruling on Friday has postponed Trump’s punishment for payments to former porn star Stormy Daniels indefinitely.
However, David Gelman, the original lawyer of GelmanLaw, LLC, a firm based in New Jersey, informed The U.S. Sun that the New York hush-money lawsuit had to be dropped outright.
The president-elect was facing four years in prison for payments made to adult film actress Daniels by his former attorney, Michael Cohen, to conceal an alleged 2016 affair between the two.
The affair has been denied by Trump.
In the wake of Trump’s election triumph, Democratic prosecutor Alvin Bragg acknowledged earlier this week that any sentencing was doubtful.
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He did, however, add that Trump might still be sentenced in 2029, when his second term ends, making him 83 years old.
The statement “It’s very petty,” Gelman added. “When President Trump is out of office, he would be 83.”
“What they are doing is truly unfair. To be honest, the criminal justice system is being ridiculed.
According to Gelman, since Trump has never been accused or found guilty of a crime, there is a presumption against his being imprisoned.
“It’s veryunchartedterritory because you’ve never had a president be charged criminally,” he stated.
“Furthermore, I think it’s also a due process violation to wait until 2029.”
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We will be living in a “whole other world” by 2029, according to Gelman.
“Who knows if Alvin Bragg will even be the DA in 2029?” he responded.
It is uncertain whether Judge Merchan will serve as a judge in 2029 at all. I’m willing to assume that neither of these is true.
Judge Merchan was urged by Gelman to “do the right thing for once” by “dismissing this case in its entirety.”
The focus now shifts to December 2, when Trump’s attorneys are required to send in the more documents as part of their case dismissal argument.
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Taking the lead Betty Dunkum, a trial lawyer from Florida, discussed the potential implications of the postponement of Trump’s hush-money case in New York with The U.S. Sun.
“During the transition, the president and even the president-elect are impacted by a number of legal matters known as immunities.
In layman’s terms, the law prohibits prosecutors from initiating or pursuing cases while a president is in office since such immunities include things like presidents, who must be free to carry out presidential duties and cannot be hampered by prosecutions.
“The Trump team will attempt to have the case dismissed entirely. As the months pass, that will undoubtedly be discussed and worked out.
“He had an agenda that he had previously laid out through the executive orders for his second term in power, including the policies and activities he would be carrying out. so that policy will remain in place. It affects Trump more personally, in my opinion.
This case is now up against some US case law, regardless of whether it is heard in 2029 or not. The postponement of sentencing is governed by case law from New York and other jurisdictions.Additionally, the court may lose jurisdiction over the case if there is an unjustifiable delay in sentence, according to previous case law. The legal system has never seen anything like what is happening with Donald Trump in these criminal matters. Judges are always extremely cautious when they venture into new areas since it has never happened before.
Because there is so much new here, they often want to always try to stand on as many previous decisions as possible. The term “issues of first impression” refers to a wide range of problems. It makes matters more complicated.
“Until it is resolved, this case is not finished. Since Trump is now president, there will be many obstacles in the way of such prosecutions, and everything will have to wait.”
After that, the prosecution has until December 9 to reply.
Trump’s next legal action, according to Gelman, will be to “file a motion to dismiss the matter altogether.”
Gelman said Trump’s lawyers will urge for dismissal for “judicial economy” reasons and because Trump would have been immune at the time of the claims.
Gelman stated that there would be no effect on Trump’s second term from the pending punishment. Nothing at all, literally nothing at all.”
“100% politically motivated,” he said, the case’s ultimate objective was to “keep President Trump off the campaign trail.”
Gelman claimed that because of Trump’s overwhelming victory over Harris, the approach had “totally backfired”.
“He won the electoral college, he won the popular vote, and it wasn’t even close,” he stated.
“So, the American people saw that this was a weaponization of the DOJ against President Trump.”
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Gelman continued, “The office of Alvin Bragg weaponized it against President Trump.
“And by what they’re doing now is they’re doubling down because they have egg on their face.”
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