On the Legal AF podcast, we dive into Donald Trump’s disastrous week, particularly in his New York criminal case, where he has been trying every possible avenue to avoid sentencing following his 34-count felony conviction before Judge Meran.
He’s attempted to move the case to federal court, filed motions with the judge, and even brought his case to a federal appellate court. What did the judge do? Why did the judge delay sentencing until two days before Thanksgiving? And how does that affect the federal cases Donald Trump has initiated on the same matter?
I want to chat about what went down in the Manhattan District Attorney’s criminal case. Over the past ten days, there have been various legal maneuvers. Sentencing was originally set for September 18th, but the headline is that Justice Meran adjourned the date. It’s no longer September 18th; it has now been moved to November, after the election. The judge explicitly stated that the proximity to the election was a factor in the postponement.
Here are some of the legal maneuvers that unfolded: Donald Trump first tried to remove the case to federal court, assigning it to Judge Alvin Hellerstein, who previously handled it when Trump attempted a removal back in July 2023.
It was rejected then, and when Trump tried again, it went back to Hellerstein. This time, the case was dismissed on a technicality — Trump failed to attach the required certificate that the judge had found “good cause” for removal. Trump corrected the technical issue, but Hellerstein ultimately denied the removal, stating Trump hadn’t shown good cause.
Trump’s plan to move the case to federal court was an attempt to delay the sentencing and avoid Justice Meran’s court. However, now that Meran has moved the sentencing date, Trump’s federal maneuvering isn’t entirely moot, but his strategy is clearer.
Trump also requested Judge Hellerstein to stay the proceedings while he appealed to the Second Circuit Court of Appeals. Hellerstein rejected that request, and Trump then sought an emergency, expedited hearing in the Court of Appeals, which would be overseen by a different panel of judges.
On Friday, Justice Meran postponed the sentencing. He acknowledged Trump’s ongoing arguments for absolute immunity, based on recent Supreme Court rulings, which could lead to an interlocutory appeal in the state appellate division.
This could automatically delay the sentencing. Meran indicated that he wanted to avoid the appearance of politicization, even though all the accusations were baseless, so he moved the case to November 12th, with sentencing scheduled for November 26th.
Meanwhile, the federal courts will still hear Trump’s issues related to removing the case to federal jurisdiction. However, there won’t be sentencing before the election.
Popok, I believe this postponement isn’t as favorable to Trump as some media outlets suggest. The sentencing delay doesn’t benefit him much — it’s not postponed until after the inauguration, only until after the election. The delay also leaves a shadow hanging over him as people speculate on the sentencing outcome.