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Published on November 12, 2024
Trump Faces D-Day in Court, Hush Money Conviction Under Judicial Microscope Amidst Immunity DebateSource: Wikipedia/Shaleah Craighead, Public domain, via Wikimedia Commons

In a court ruling expected today, Judge Juan M. Merchan will determine the fate of former President Donald Trump's criminal hush money conviction. The conviction, which has garnered a significant amount of attention, centers around Trump's role in a $130,000 payment to adult film actress Stormy Daniels to keep her quiet about an alleged 2006 sexual encounter. ABC7NY reports that Merchan is set to rule on the impact of a U.S. Supreme Court decision from July that extends broad immunity to presidents against criminal prosecution for their official acts.

While Trump, after his recent electoral victory, used his conviction as a rallying point, arguing that "The real verdict is going to be Nov. 5 by the people," the legal proceedings continue. Sentencing is currently scheduled for November 26, less than two months before his planned inauguration, a circumstance which limits Judge Merchan's options, as pointed out by legal experts. Defense attorneys have been contesting the use of evidence they believe was related to Trump's presidential actions, suggesting it may have influenced jurors unfairly, attributing this perspective to information from ABC News. Trump's conviction by a jury in May included all 34 felony counts of falsifying business records linked to the Daniels payment.

Prosecutors have strongly refuted claims from Trump's legal team that the case was improperly influenced by presidential acts, asserting instead that the conduct in question is "entirely personal" and bears "no relationship whatsoever to any official duty of the presidency." This argument was echoed in a statement reported by ABC7NY, emphasizing that this evidence constitutes "only a sliver of the mountains of testimony and documentary proof" considered by the jury.

Among the points of contention is the testimony of Hope Hicks, Trump's former White House communications director, and social media posts made during his presidency. During the closing statement of the trial, the prosecution described Hicks' testimony as the final "nail in Mr. Trump's coffin," underscoring her claim that Trump preferred the hush money story to emerge post-election. In response, according to ABC News, prosecutors have argued that Hicks' statements "related solely to unofficial conduct" and that immunity does not apply. While Judge Merchan first delayed sentencing in July following the immunity ruling, he once again postponed it in September, citing the desire to avoid even the appearance that the election could sway justice.

Trump's conviction comes with a possible punishment of up to four years in prison, though typically, lesser sentences are handed down to first-time offenders. As Trump moves towards his impending presidency, his legal team is likely to continue leveraging his status to influence judicial outcomes. Special Counsel Jack Smith is expected to drop Trump's federal criminal cases, under DOJ policy, while the criminal election interference case in Georgia is facing delays, leaving the New York conviction as Trump's prominent legal obstacle before his next term. In deciding whether to uphold the conviction, propose a new trial, or dismiss the indictment, Judge Merchan's ruling will have profound implications for Trump's political and personal future. His decision is deeply anticipated, by parties on all sides, as per information drawn from ABC7NY and ABC News.