President-elect Donald Trump notched a victory Tuesday after the Manhattan District Attorney Alvin Bragg's office recommended Judge Juan Merchan freeze sentencing in the business records case, Breitbart reported. If granted, Trump's sentencing would be suspended for the next four years.
Attorneys for Trump sought to get the case tossed completely based on the flimsy premise of the case. However, it appears Trump will at least have a reprieve as he won't face sentencing during his presidency while in office.
"The people deeply respect the office of the president, are mindful of the demands and obligations of the presidency, and acknowledge that defendant’s inauguration will raise unprecedented legal questions. We also deeply respect the fundamental role of the jury in our constitutional system," prosecutors said to Merchan in the letter.
Unfortunately, without a proper dismissal, Trump may be fighting the battle for the next four years before ending with the Supreme Court. Still, his attorneys celebrated this as a win.
Even with movement in Trump's favor, there's no guarantee that the saga will be over for the president-elect. As noted by Ken Klukowski, Breitbart News senior legal contributor, this has the makings of a "trap" for Trump.
"On one hand, perhaps Merchan could see the handwriting on the wall. This lawfare was election interference, and it failed. Trump was elected to a second term in a modern landslide, with unified government," Klukowski reasoned.
"This prosecution was and is unlawful and so are the convictions, and this pause could be the first step in landing the plane. Bragg and Merchan have been beaten, and they should know it," he added.
"On the other hand, this could be an attempt to trap the president. Until Merchan enters final judgment in the case, there are only a few ways to get this case away from him and into a court that will follow the law," Klukowski said.
"If he could freeze the case where it is now, he could wait until after President Trump’s second term, then pull Trump back into his courtroom after January 2029 and attempt to imprison Trump as a private citizen for the rest of his life. The president has options, but only a few. And his lawyers are currently trying to exercise one such option," Klukowski noted.
The ball is now in Merchan's court regarding Trump's future. "Needless to say, all eyes will be on Merchan and his decision on Trump’s motions to set aside the convictions and on the Manhattan District Attorney’s Office’s push to freeze the sentencing until he leaves office," Klukowski said.
“This is a major positive development for President Trump. While the president still needs to have his invalid convictions reversed and the case dismissed, this now provides his lawyers with time to navigate," Klukowski explained.
The legal expert said that Trump's team has "breathing room" to appeal for the case to go to federal court where it's likely to be dismissed. Klukowski added that the delay "allows time for alternative moves if Merchan does not rule on the pending motions in a timely manner," a fact which helps Trumps cause.
"The president is out of imminent danger, and that was the most pressing item. President Trump is having a good day," Klukowski added.
It was clear from the start that the case was a political ploy meant to derail Trump's candidacy. Now that he's been elected to serve a second term, those who brought the case will have to decide whether it's worth continuing since it didn't serve its original purpose.
