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Bragg Admits Wisdom of Delay in Trump Sentencing Due to Immunity Concerns

 August 21, 2024

Manhattan District Attorney Alvin Bragg has advised postponing the sentencing of former President Donald Trump, the Republican presidential nominee, a proceeding that was initially scheduled for Sept. 18.

Bragg’s request for delay and his admission of the merit in a Trump legal team request is rooted in a recent U.S. Supreme Court decision, which raised questions about the admissibility of certain evidence used in Trump’s trial, as the National Review reports.

This decision was delivered a month after Trump was convicted in New York on 34 counts of falsifying business records.

The high court ruled that former presidents possess presumptive immunity from criminal prosecution for official acts conducted during their tenure. This ruling directly impacts the evidence presented by Bragg’s prosecution team, which included significant elements of Trump’s official actions while in office. Trump’s defense team had objected to the inclusion of this evidence, arguing it should be excluded under the immunity principle.

Supreme Court Ruling Raises Concerns

The ruling in United States v. Trump, which was issued on July 1, several weeks after Trump’s conviction. The ruling established that former presidents are generally immune from criminal prosecution for their official acts, bringing into question the evidence introduced during Trump’s trial. Despite these concerns, the prosecution had moved forward with this evidence, considering it crucial to their case.

Bragg acknowledged in his letter that the evidence, which he had described as “damaging” and “utterly devastating” during the trial, may have been improperly admitted. He noted that this issue involves a “brand-new evidentiary rule” deriving from the concept of official-acts immunity, questioning whether the violation constituted a harmless error or a significant legal misstep.

Trump’s defense had consistently raised objections based on immunity grounds before and during the trial, emphasizing that any ruling on such issues should be conclusive before the trial begins. The defense argued that the introduction of this evidence could have unduly influenced the jury’s decision, ultimately leading to Trump’s conviction.

Logistical Challenges Add to Delay Recommendation

In addition to legal concerns, Bragg’s recommendation for postponement also highlighted significant logistical and public safety challenges. Preparing for Trump’s court appearances has placed a heavy burden on multiple agencies responsible for ensuring the safety and orderliness of the proceedings. Bragg noted that the resources required for these preparations are substantial and could be wasted if an appeal necessitates a delay in the sentencing.

Judge Juan Merchan, who presided over Trump’s trial, originally scheduled the sentencing for two days after early voting began in Pennsylvania. This timing has raised eyebrows, particularly given Merchan’s past criticisms for potential biases, including his contributions to President Joe Biden’s 2020 campaign and his daughter's political activism.

Bragg’s letter to the court emphasized that a postponement would prevent the unnecessary expenditure of public resources, which would be required to prepare for a sentencing hearing that may ultimately be delayed by an appeal. The acknowledgment of these logistical hurdles underscores the complexity and sensitivity of the case.

Defense’s Push for Pretrial Immunity Ruling

Throughout the proceedings, Trump’s defense team has consistently maintained that the issue of immunity should have been resolved before the trial began. His lawyers argued that without a definitive pretrial ruling on the admissibility of evidence related to Trump’s official acts, the trial was fundamentally flawed. This argument is central to their request for a delay in sentencing, as they prepare to appeal the court’s decision based on the Supreme Court’s ruling.

The Supreme Court’s guidance, issued after Trump’s conviction, aligns with the defense’s position that the introduction of certain evidence was inappropriate. This has fueled the team's determination to challenge the trial’s outcome and seek a reconsideration of the charges against Trump.

Implications of Potential Sentencing Delay

A delay in sentencing could have significant implications, both legally and politically. With Trump being the Republican presidential nominee, any postponement would extend the period of uncertainty surrounding his legal status. This uncertainty could influence public opinion and the broader political landscape as the 2024 presidential election approaches.

The potential for an immediate appeal, as noted by Bragg in his letter, adds another layer of complexity. If Trump’s defense succeeds in their appeal, it could lead to a reconsideration of the charges or even the dismissal of the case. Such an outcome would be unprecedented and could set a new legal standard for the prosecution of former presidents.

The focus on public safety and logistical concerns also highlights the extraordinary nature of this case. The resources required to manage the proceedings, coupled with the intense public interest, make it one of the most challenging legal cases in recent history. The implications of Bragg’s recommendation will likely reverberate through both legal and political spheres for months to come.

Conclusion

The recommendation by Manhattan District Attorney Alvin Bragg to delay Donald Trump’s sentencing reflects deep concerns over improperly admitted evidence and the logistical complexities of managing such a high-profile case.

The Supreme Court’s ruling on presidential immunity has introduced significant legal challenges, prompting Trump’s defense to push for a delay and appeal.

The outcome of this case, whether it results in a delay or proceeds as scheduled, will undoubtedly have far-reaching consequences for both the legal system and the upcoming presidential election.