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January 07, 2025
Trump Files Emergency Appeal to Delay Merchan's Political Rush to Brand Him a "Convicted and Sentenced Felon;"
Judge Aileen Canon Blocks Release of Jack Smith's Hitjob "Report"
Jack Smith needs some prosecutorial attention.
If it's good for the goose, it's even better for the rogue prosecutor bending the law to persecute the goose.
A federal judge has temporarily barred the Justice Department from releasing a special counsel report in the classified documents case involving President-elect Donald Trump. The legal dispute now moves to the appeals court.
Key Details:
Judge Aileen Cannon issued a temporary block on the release of special counsel Jack Smith's report while the Eleventh Circuit Court of Appeals reviews an emergency motion filed by Trump's former codefendants.
Prosecutors had indicated the two-volume report could be released as early as Friday, pending approval from Attorney General Merrick Garland.
The appeals court decision comes weeks before Trump's inauguration for a second term, with related cases dismissed and unresolved legal questions about the report's release.
According to most, an accused isn't considered "convicted" until sentencing. Merchan can't sentence Trump to jail, because the Constitution demands that the elected president be permitted to take office without restraint by petty judges.
But Merchan can sentence him to something, like time served, just to brand him a "convicted and sentenced felon," which is of course the entire reason for this pretextual prosecution and sham trial with a handpicked political judge.
Trump has filed an emergency appeal to stop Merchan's literal rush to judgment.
John Sexton, quoting AP "News:"
Yesterday, Trump appealed to Judge Merchan to reconsider and, as expected, the judge said no. Today, Trump's legal team is taking his case to an appellate court.
President-elect Donald Trump tried again Tuesday to delay this week's sentencing in his hush money case, asking a New York appeals court to intervene as he fights to avoid the finality of his conviction before he returns to the White House.
Trump turned to the Appellate Division of the state's trial court a day after the trial judge, Judge Juan M. Merchan, rebuffed his bid to indefinitely postpone sentencing and ordered it to go ahead as scheduled on Friday.
Trump is seeking an immediate stay that would spare him from being sentenced while he appeals Merchan's decision last week to uphold the historic verdict.
The expectation is that a single judge will hear the request and issue a response today. If Trump gets a stay from the appeals court judge, that would probably be enough to push this back past his inauguration.
An emergency request like this one will fall to a single judge, who is expected to hold a brief hearing early Tuesday afternoon. That appellate judge could then issue a ruling before the end of the day.
If the judge grants an interim stay, it might effectively scuttle any chance of sentencing Mr. Trump. A full panel of appellate judges might not have time to take up the matter before Friday, and the window to sentence Mr. Trump is rapidly closing. Once he returns to the White House, Mr. Trump cannot face criminal prosecution.
I'm sure New York will also handpick the judge who first sees this appeal.