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4/15/2024 9:30 ET The People of New York State's Supreme Court vs. Donald J. Trump and the Republican Party


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1 hour ago, mtutiger said:

Wouldn't that impact his appeal process as well?

People are generally taking the line that he'll get out of this on appeal, but I don't know that it's actually true given (from everything I've heard) the strength of the case and the professionalism of the prosecution team... let alone anything he does or says between now and that point in time.

Not really. Appeals are all law based, not fact based. The appeal will be about whether the jury instructions were proper, or whether certain witnesses should have been allowed to say certain things.

Merchan will have guidelines for the sentence and then discretion to go up or down. If he uses it, and goes above the guidelines, then that can be reviewed for abuse of that discretion. He would have to make a very clear record as to why he was going above the guidelines. But that appeal would only apply to the sentence, not the conviction.

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9 minutes ago, MichiganCardinal said:

Not really. Appeals are all law based, not fact based. The appeal will be about whether the jury instructions were proper, or whether certain witnesses should have been allowed to say certain things.

Merchan will have guidelines for the sentence and then discretion to go up or down. If he uses it, and goes above the guidelines, then that can be reviewed for abuse of that discretion. He would have to make a very clear record as to why he was going above the guidelines. But that appeal would only apply to the sentence, not the conviction.

For the average defendant, total lack of contrition coupled with continued rejection of the courts legitimacy, would drive severity in sentencing.

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4 minutes ago, gehringer_2 said:

For the average defendant, total lack of contrition coupled with continued rejection of the courts legitimacy, would drive severity in sentencing.

The court wants to see remorse, right? Taking responsibility for your crimes? If so, Trump is screwed.

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I can’t wait for the sentencing. Trump will be in a position he’s never been in. The judge will say very mean things to him. Stuff he’s probably not been told since maybe military school. He will have to sit there and listen to it and say yes sir or no sir. Too bad it isn’t broadcast anywhere. 

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12 minutes ago, gehringer_2 said:

For the average defendant, total lack of contrition coupled with continued rejection of the courts legitimacy, would drive severity in sentencing.

I agree. I think that would look like two years probation instead of one right now, but the next five weeks could change that. If Trump goes scorched earth like he tends to do, and we see him doxxing jurors and court staff in the coming weeks, I wouldn’t put it past Merchan to put him in jail.

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Pearl Jam hits the stage in Seattle in about an hour.  I’m sure that Ed will have plenty to say about today’s events.  He wrote a song about Trump on their new album.

It’s called Wreckage. 

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13 minutes ago, 1984Echoes said:

What's max penalty?

That's what I predict, or something close to it.

4 years on each count, but they’d run concurrently.  
Doubtful that it would be 4 years. Curious to see if it might be any actual jail time, or house arrest or probation. 
Ans the sentencing won’t happen until this other legal parry that the defense is expected to file, with the prosecution should be able to respond to.

So, sentencing won’t probably happen July 11th, …. Perhaps a few days to a week after that.

Then, of course comes the appeal to overturn the conviction to then be made to the NY Court of Appeals.

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55 minutes ago, gehringer_2 said:

For the average defendant, total lack of contrition coupled with continued rejection of the courts legitimacy, would drive severity in sentencing.

My understanding is that he's still bound by the gag order, right? Someone correct me if I'm wrong.

That just adds risk, kinda similar to his E. Jean Carroll situation in the civil suits.

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57 minutes ago, gehringer_2 said:

For the average defendant, total lack of contrition coupled with continued rejection of the courts legitimacy, would drive severity in sentencing.

Plus, I’d think his rather blatant disregard for the judge’s gag orders might come back to roost.  I hope?

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9 hours ago, Hongbit said:

Pearl Jam hits the stage in Seattle in about an hour.  I’m sure that Ed will have plenty to say about today’s events.  He wrote a song about Trump on their new album.

It’s called Wreckage. 

They probably played Seven O'Clock from Gigaton as well.  That's definitely directed at Trump.

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