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Donald Trump’s new sentencing date in New York? That could be delayed, too.

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Donald Trump’s new sentencing date in New York? That could be delayed, too.

It wasn’t surprising when Judge Juan Merchan on Friday postponed Donald Trump’s New York state sentencing until after the presidential election. After all, the Manhattan District Attorney’s Office all but agreed with Trump’s delay request.

But Merchan not only set a new sentencing date for Nov. 26, pushing it back most recently from Sept. 18. The judge also pushed back the date for ruling on Trump’s motion to set aside his guilty verdicts based on the Supreme Court’s immunity rulingfrom Sept. 16 to Nov. 12.

But this new schedule risks even further delay.

When Trump’s lawyers asked Merchan last month to push back the sentencing, they told him that if he ruled on Sept. 16 against Trump’s immunity claim, then they were immediately going to seek to challenge his ruling on appeal before any sentencing could take place. “The requested adjournment is also necessary to allow President Trump adequate time to assess and pursue state and federal appellate options in response to any adverse ruling,” they wroteadding that “a single business day is an unreasonably short period of time for President Trump to seek to vindicate these rights.”

Putting aside whether Trump’s immunity claim in the so-called hush money case has any merit, it’s true that, had Merchan rejected that claim on Sept. 16 while keeping the Sept. 18 sentencing, there was a good chance that that sentencing wouldn’t have happened as scheduled. Manhattan District Attorney Alvin Bragg’s office effectively agreed with that notion, writing to Merchan last month that:

Assuming that defendant seeks an interim stay of the sentencing hearing immediately after this Court’s September 16 ruling, the People respectfully note that an appellate court considering such a request will understand that, without an interim stay, it would have to receive briefing and decide certain issues of first impression in one day.

So it made some sense for Merchan to delay the sentencing. That is, it made sense as much as anything can after the Supreme Court’s immunity ruling in the federal election interference case. That ruling shouldn’t have called into question Trump’s state prosecution for covering up a private hush money scheme, but here we are.

So the decision to push to November a ruling on Trump’s motion to set aside his guilty verdicts means that, if Merchan rules against Trump at that point, Trump’s appellate challenges will still need to play out; that’s his lawyers’ stated intention, at least. There’s now more space between that ruling and sentencing — from Sept. 16 and 18 to Nov. 12 and 26, respectively.

Would it take less than two weeks to address Trump’s challenges before his state sentencing could go forward? Especially if those challenges include a trip to the Supreme Court, whose immunity ruling helped Trump get to this point? We won’t know the answer until after the election — again, that’s if Merchan rejects Trump’s immunity claim — and much else can happen between now and then, legally and politically.

But whatever happens at the ballot box, we shouldn’t carve this new sentencing date into stone just yet, however delayed it has already been.

Subscribe to theDeadline: Legal Newsletterfor updates and expert analysis on the top legal stories. The newsletter will return to its regular weekly schedule when the Supreme Court’s next term kicks off in October.

Jordan Rubin

Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined BLN, he was a legal reporter for Bloomberg Law.

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Talarico needs Crockett’s Black voters. They aren’t all convinced.

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DALLAS — Friendship-West Baptist Church is a stronghold for Black politics, where candidates pass through cycle after cycle to win over its 13,000 congregants. It’s the church Rep. Jasmine Crockett (D-Texas) calls home; her pastor, the Rev. Dr. Frederick D. Haynes III, is now running to succeed her in Congress. Even Beto O’Rourke visited last week to encourage people to register to vote.

But several congregants can’t help but notice a continued absence this year: James Talarico.

The Democratic Senate nominee has a long road ahead if he wants to flip the Texas seat blue — one that requires winning over the state’s nearly 3 million Black voters, who largely broke for Crockett in the March primary and many of whom remain skeptical of his candidacy.

“Come and make the ask. Come and try to earn the vote,” said Alan Williams, a Crockett voter and Friendship-West congregant. “I think he thinks our vote is just a default and he doesn’t have to earn it.”

In the month-and-a-half since he won the nomination, Talarico has begun criss-crossing Texas, including visiting some Black churches, holding meetings with faith leaders and elected officials, and block-walking in majority-Black cities. But frustration from worshippers at Friendship-West — who have yet to hear from him directly — and interviews with Black power brokers across the state reveal the pressure Talarico faces to move faster to heal open wounds from a contentious primary and convince voters to turn out.

David Malcolm McGruder, the church’s executive pastor, said Talarico has to do more to sell his vision to voters — and convince them he’ll follow through: “We have people who show up in our churches during the election season, but who don’t show up for us at the level of policy beyond November.”

Talarico, in an interview, acknowledged that he would “love” to visit Friendship-West soon. “My top priority is bringing our coalition back together, and that is specifically reaching out to Black Texans,” he said. “There’s no way to win Texas without winning the trust and the support of Black voters. Period. Full stop.”

It’s clear that Talarico has his work cut out for him. He wasn’t Black voters’ preferred candidate. Some are exhausted by a messy primary that thrust questions over race and electability into the center of the contest. And while Black voters are overwhelmingly committed Democrats, he needs to keep enthusiasm high to ensure they turn out, especially as concerns over voter suppression grow. (A last-minute rule change in Dallas County, Crockett’s home base, caused thousands of people to be turned away from the polls or have their ballots invalidated on primary Election Day.)

Democrats have long faced accusations that they take Black voters for granted. Several Texas strategists are worried that’ll happen again in the lead up to November — and that the party will blame Black voters if Talarico loses.

“Black voters have been let down over time,” said Antjuan Seawright, a longtime Democratic strategist who has advised the Democratic Senatorial Campaign Committee. “What some may not understand is that our vote, more so than any other constituency in the history of this country, has always been a demonstration of our trust, but our trust has either been taken for granted or has always been on the chopping block by a number of people.”

Talarico is already getting on-the-ground support from Democratic groups like O’Rourke’s Powered By People and a host of Black state lawmakers.

“We don’t have time to remain in our feelings,” added Crystal Chism, president of the Dallas County chapter of Texas Coalition of Black Democrats. “We need to make the main thing the main thing, and that’s getting Talarico elected.”

But there’s a notable ally missing: Even though Crockett quickly conceded the race and endorsed Talarico in March, she has yet to hit the campaign trail or put much effort publicly into rallying the base behind him. Crockett, through a spokesperson, declined an interview request for this story.

Talarico said he and Crockett have “exchanged a few messages” since the primary and he “would love nothing more” than to have her on the campaign trail.

“He’s got his work cut out for him,” noted Russell Maryland, the former No. 1 NFL draft pick who won three Super Bowls with the Dallas Cowboys and voted for Crockett in the primary. “He’s gonna have to work to win over Jasmine’s supporters. … Talarico will really need to put his fingers in the ground, so to speak in football terms, and kick up some dust.”

The seminarian is still trying to overcome some of the criticism leveled against him in the lead up to the primary.

In February, a PAC that supported Talarico ran a TV ad with the tagline, “If she wins, we lose.” Crockett claimed the ad darkened her skin and said it was bigoted. “It’s not even undertones right now,” she said. “It’s straight-up racist.” (Talarico, in an interview, emphasized that the PAC was not affiliated with his campaign and that he disagreed with its message. He added that he believes Crockett is electable statewide in Texas, as he has said before.)

Then a social media influencer claimed Talarico told her in a private conversation that former Rep. Colin Allred (D-Texas), who dropped out of the Senate race right before Crockett joined, was a “mediocre Black man.” Talarico has said that was a mischaracterization of his comments, and that he was describing Allred’s method of campaigning as mediocre.

Allred, who is now in a competitive run-off to represent Texas’ 33rd district, said in an interview that he backs Talarico. “Of course I support him,” he said. “I support Democrats. I’ve been supporting Democrats here for my whole life.”

But Talarico’s challenge, Allred added, isn’t convincing Black voters to support him over the Republican nominee — it’s convincing them to turn out.

“He needs to show comfort in Black spaces and Black communities,” Allred said. “I’m sure he can do that, but there’s just no substitute for it. Particularly given how some of the ads that ran, there may be some element of having to show contrition, even if he wasn’t responsible for all those.”

Talarico has visited Black churches almost every weekend since the primary, and he dropped by Prairie View A&M University, an HBCU, on Wednesday, where he acknowledged he has “got to earn the trust and the respect and the support of every single one of the congresswoman’s supporters.” He blocked-walk in majority-Black DeSoto, Texas and held a roundtable with Black community leaders in Austin recently. And last month, he convened African American clerics at Saint Luke Community United Methodist Church in Dallas for a discussion about policy.

“The Democratic Party has taken Black voters for granted and assumed that they’re just part of the base, assumed they’ll just show up and vote for you,” Talarico said in an interview. “And I think we’ve seen the disastrous results of that kind of disrespect toward Black voters.”

To his benefit, Talarico has an army of Texas Democrats anxious to flip the state for the first time in decades. Last Sunday, O’Rourke — whose three-point loss in 2018 to GOP Sen. Ted Cruz was Texas Democrats’ high-water mark this century — mingled with congregants at Friendship-West, while his organization’s yellow-vested volunteers encouraged them to check their voter registration.

“I love James Talarico,” O’Rourke said. “I’m excited for him. I’ve talked to him and said, ‘You can send me anywhere that the campaign can’t get to. I will raise money for you. I’ll go try to get your volunteers fired up. I’ll speak as a surrogate. You let me know.’”

State Sen. Royce West of Dallas, who voted for Crockett and has since endorsed Talarico, is also optimistic, if more measured: “He’s warming up. He has support within the African American community. Is it where it needs to be? No. Is he making strides? Yes.”

On the Republican side, longtime Sen. John Cornyn and Attorney General Ken Paxton are locked in a lengthy and expensive run-off that could play to Democrats’ advantage. Talarico’s internal polling shows him competitiveagainst either candidate, but some observers think he has a stronger path against Paxton given his myriad controversies. Talarico boasts a cash advantage with almost $10 million cash on hand after the first quarter of the year, compared with Cornyn’s more than $8 million and Paxton’s $2.6 million.

“There’s work to be done,” said Cliff Walker, a Texas Democratic strategist and principal at Seeker Strategies. “But I don’t stay up at night worried that we’re not going to be able to reassemble this coalition in time for November.”

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‘Just do the math’: GOP senators get antsy about Trump Cabinet shakeup

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‘Just do the math’: GOP senators get antsy about Trump Cabinet shakeup

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Senate Republicans clear go-it-alone path for ICE funding

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