Experts doubt Trump will get conviction tossed in “hush money” case despite Supreme Court ruling
2024-07-03
Unraveling the Unprecedented: Trump's Legal Saga Faces Unexpected Twists and Turns
Six years after the Manhattan District Attorney's Office began an investigation that resulted in Donald Trump becoming the first former president ever convicted of a crime, the case continues to be beset by extraordinary curveballs. The latest is a landmark Supreme Court decision on presidential immunity that has led to a postponement of Trump's sentencing in his New York criminal case.
Navigating the Uncharted Legal Landscape
The Supreme Court's Ruling and Its Implications
The Supreme Court's recent decision has cast a new shadow over the case against Donald Trump. The court found that former presidents enjoy broad immunity for official acts, and that evidence involving those acts cannot be used in prosecutions over unofficial activity. This ruling has prompted Trump's legal team to seek a motion to have the verdict in his case thrown out, arguing that much of the evidence introduced at trial related to his actions while in office.The decision has forced the judge in the case, Juan Merchan, to postpone Trump's sentencing from July 11 to September 18, in order to consider the implications of the Supreme Court's ruling. Experts remain skeptical, however, that Trump's 11th-hour effort to overturn his conviction will be successful.
Assessing the Strength of the Prosecution's Case
Legal analysts argue that the context and timing of the scheme for which Trump was convicted make it unlikely that the verdict will be set aside. The case centers around Trump's efforts to cover up reimbursements for a "hush money" payment to an adult film star during the 2016 presidential campaign, which prosecutors described as a "pressure campaign" designed to keep his former attorney, Michael Cohen, from divulging incriminating information.Pace University law professor Bennett Gershman, a former New York prosecutor, believes that Trump's actions before he became president, and his subsequent efforts to cover up or address that conduct, are not immune from criminal liability. Similarly, Cardozo Law School professor Gary Galperin, a former Manhattan prosecutor, suggests that even if some evidence should not have been shown at trial, the conviction could still stand if there is enough other evidence to sustain it.
The Potential for a Retrial
If the judge concludes that the introduction of evidence related to Trump's official acts warrants setting aside the verdict, the prosecution would likely be able to seek a new trial. In such a scenario, the judge would provide guidance on the specific pieces of evidence that violated the Supreme Court's ruling, allowing prosecutors to exclude that evidence in a potential retrial.This prospect raises the possibility of Michael Cohen, Trump's former lawyer and key witness, being called to testify again. Cohen faced a grueling examination during the initial trial, with Trump's lawyers painting him as a serial liar seeking revenge. The prospect of going through that ordeal once more is a daunting one for Cohen, who says he will "take it under advisement" when the time comes.
The Enduring Significance of the Case
Regardless of the outcome of the legal maneuverings, the case against Donald Trump remains a landmark moment in American history. As the first former president to be convicted of a crime, the implications of this case extend far beyond the individual defendant. It serves as a testament to the rule of law and the principle that no one, not even the highest-ranking public official, is above the law.The case has also shone a spotlight on the complex interplay between the powers of the presidency and the demands of the criminal justice system. The Supreme Court's ruling on presidential immunity has added a new layer of complexity to this already intricate legal landscape, underscoring the need for a careful and nuanced understanding of the boundaries of executive power.As the case continues to unfold, the public will be watching closely, eager to see how the justice system navigates these uncharted waters and whether the verdict against the former president will ultimately stand.