Manhattan District Attorney Alvin Bragg isn’t giving up on his lawfare.
Even though Donald Trump will take over as President in less than two months, Bragg is fighting to the bitter end.
And Alvin Bragg threw Donald Trump one curve ball in court that will have him seeing red.
Alvin Bragg still wants Trump to be known as a felonÂ
Donald Trump’s lawyers filed a motion in court with Judge Juan Merchan asking him to vacate the conviction a rigged jury handed down in Alvin Bragg’s falsification of business records show trial.
The Supreme Court ruling on Presidential immunity held that Bragg illegally presented evidence in court of Trump’s official acts as President as part of the effort to convict him.
Merchan was set to sentence Trump before Thanksgiving but delayed that hearing after Trump won the election.
There is now no chance of Merchan actually sending Trump to jail.
Bragg is now fighting for Merchan to keep the conviction on the books even if he never sentences Trump to prison.
In a new court filing, Bragg is now admitting that the charges he brought against Trump are so trivial that Merchan could even just let Trump walk without jail, fines or probation.
“Here, however, because defendant has no prior criminal convictions and was convicted of Class E felonies, this court is not required to impose a sentence of incarceration at all, and could even impose an unconditional discharge,” Bragg’s prosecutors wrote.
Bragg argued that this would allow Merchan to accept the Presidential immunity ruling without vacating the convictions.
“The court could therefore conclude that presidential immunity, while not requiring dismissal, nonetheless would require a non-incarceratory sentence in these circumstances,” the filing continued on.
Bragg even suggested Merchan resort to a tactic prosecutors only rely on when a defendant dies by saying Trump was convicted but never sentenced because his appeal went unresolved.
“This remedy would prevent defendant from being burdened during his presidency by an ongoing criminal proceeding,” prosecutors wrote, demanding it would also not discard the “fact that defendant was indicted and found guilty.”
Trump spokesman Steven Cheung decried this attempt by Bragg to set up a situation where Merchan can keep this sham conviction on the books by presenting a series of options that make it so Bragg can’t lose.
“This lawless case should have never been brought, and the Constitution demands that it be immediately dismissed,” Cheung declared.
Donald Trump suffered a legitimate injustice at the hands of Bragg and Merchan.
This case never should have been brought under any circumstances.
An appeals court will eventually throw out this sham conviction.
The only question left is if Merchan will actually force Trump to incur further costs to fight this case up the ladder or if Merchan will choose the correct legal option for once in this case and vacate the guilty verdict against Trump.
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