Just a quick note to say this is a perfectly reasonable response to the situation.BREAKING: Trump's sentencing is postponed until Sept. 18 "if such is still necessary" pic.twitter.com/WLlLZkq6wJ
— Graham Kates (@GrahamKates) July 2, 2024
Trump has filed a motion to dismiss (which is sound legal practice. Swing for the fences, because you don’t usually get what you don’t ask for. Unless it’s before the Gang of Five in D.C.). Under the circumstances, Merchan needs to consider that.
“If such is still necessary” is a neutral statement meaning the judge hasn’t decided already on the merits of the motion. The response could still be “No,” and at worst is likely to be “no, you get a new trial.”
I also think, looking at the opinion language JMM has quoted, this new found immunity is not waivable, which is even screwier than deciding it covers evidence for trials (like a super 5th Amendment, the original of which CAN be waived). At least I think that’s what Roberts & Co. meant.
But who can be sure? I still think Trump gets no better than another trial. He certainly doesn’t get an acquittal.
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