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Trump Lawyers LOSE THEIR MINDS after DA SUBMISSION

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November 22, 2024

TLDR: Trump's lawyers demand dismissal and cancellation of sentencing for his 34 felony count conviction in Stormy Daniels hush money case, but Michael Popok, a NY attorney, explains why this should fail.

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In the latest episode of the Legal AF podcast, host Michael Popok delves into the recent court filings made by Donald Trump's legal team regarding his conviction in the Stormy Daniels hush money case, highlighting the bizarre legal arguments they presented and why he believes they are doomed to fail.

Key Highlights of the Episode

Trump’s Recent Court Filing

  • Trump’s lawyers recently submitted a demand to Judge Mershan in the New York State Supreme Court, seeking the immediate dismissal of the case against him.
  • They argue that Trump's constitutional rights and concerns related to the Presidential Transition Act require the case to be dismissed, claiming it obstructs his role as president-elect.
  • This demand comes despite Trump's conviction on 34 felony counts, which a jury affirmed with a unanimous verdict.

Flawed Legal Arguments

  • Popok critiques the legal strategy of Trump's team, emphasizing that their reliance on constitutional interpretations does not hold weight in light of the post-conviction status of the case.
  • He explains that once a conviction has been established, there are no grounds for dismissal; the appropriate legal remedy would be to vacate the conviction, which the defense has not successfully argued.
  • The podcast detailed how the lawyers framed their arguments around perceived political motivations and alleged misconduct by the Manhattan District Attorney, but Popok notes that these points do not address the conviction itself.

Prosecutorial Position

  • The Manhattan DA’s office has recommended that the Judge defer sentencing until after the appeals process is concluded, suggesting that this course of action serves the dual interest of public justice and the operation of government.
  • They propose that the sentencing should take effect after Trump's presidential term ends in 2029, allowing him to complete his duties as president without immediate incarceration.

Counterarguments from Trump’s Lawyers

  • Trump's legal representatives have made several striking claims in their filings, including:
    • That the current legal proceedings could destabilize government operations.
    • Framing the continued prosecution as an act that prevents a democratically elected president from fulfilling his constitutional duties.
  • They intend to file additional motions, but Popok argues that the arguments are fundamentally misaligned with legal norms regarding post-conviction proceedings.

The Court's Likely Response

  • Based on past behavior and the nature of the legal arguments presented, Popok predicts that Judge Mershan will likely establish a briefing schedule between December 9 and December 20.
  • He foresees that the judge may eventually suspend the sentencing date, allowing Trump’s lawyers to present their case while postponing the potential imposition of any sentence.
  • The segment underscores the complexity of dealing with high-profile legal cases and the potential for extended appeals that could prolong the final resolution—possibly until Trump has left office.

Implications for Trump's Presidency

  • If appeals and legal motions continue without resolution during Trump's presidential term, this could shield him from immediate sentencing.
  • Popok notes that while Trump's team may believe they can stall the legal process indefinitely, the complexities of judicial proceedings mean that outcomes may not be as favorable for the former president as he hopes.

Conclusion

In summary, the episode of Legal AF offers a critical examination of the legal intricacies surrounding Trump’s recent court filing in New York. Michael Popok provides insights on why the arguments put forth by Trump's lawyers are unlikely to succeed and the potential outcomes as the case develops. Listeners are encouraged to stay tuned for further updates and discussions about this evolving legal situation as it intertwines with the intricacies of the American political landscape.

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