In Other Court News

Working the refs always works for Trump.

Particularly when accompanied by threats. https://t.co/TU6dHIZdk5

— emptywheel (chex mix) (@emptywheel) September 6, 2024

Chutkan said yesterday she's not treating Trump as a presidential candidate, or a former president, but as a defendant in a criminal case. The New York judge just decided differently. I think both are on solid ground in their disparate decisions. As Chutkan said from the bench, she's likely to be overruled (again) in her decisions on immunity. Still, Trump isn't going to trial there until 2025, or maybe 2026 (depending on the appellate calendars). Merchan is simply setting this hearing aside until November 26, 2024. 

Nothing wrong with that, actually.  Critics will say Trump "got away with it" (as ew does), but Trump would just scream that the sentencing was "rigged!," and his lawyers would argue it was meant to affect the election outcome because of some donation Merchan made many years ago.  Come November 26, Trump will still cry "RIGGED!", but nobody will give a shit.

I'm good with that.

Judge Merchan arguably made the correct *legal* call here. It doesn’t matter that the arguments were garbage. It doesn’t matter Trump is going to attack him anyway. It doesn’t matter that Trump and his minions would NEVER go out of their way to avoid the possibility of…

— Bradley P. Moss (@BradMossEsq) September 6, 2024

"It’s on the voters to decide Trump’s immediate fate. If he loses in November, the criminal justice system awaits."  💯

I've said it before. I'll say it again: The courts will not save us from Trump

It's up to voters in November https://t.co/3Ghmd3MPBJ

— Aaron Rupar (@atrupar) September 6, 2024

(Even if Trump was sentenced (he's already been convicted), voters could elect him to the White House. Sentencing was never a silver bullet. And we are in uncharted territory, here; and courts are inherently small "c" conservative institutions. They do not rush in where angels fear to tread, nor where no one has yet trod. Trump is benefitting, slightly, from being the most corrupt person ever to occupy the White House. Those "benefits" will not last long, or in the end, be worth much.)