New York State Criminal Case Against Trump (71543-23)

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    How Trump’s Win Helps Him Fight Off His Legal Charges

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    By triumphing at the ballot box, Donald Trump can dispense with federal charges against him while postponing or derailing other pending cases that have dogged him.For all that former President Donald J. Trump’s election to a second term was a remarkable political comeback, it was also the culmination of an audacious and stunningly successful legal strategy that could allow him to evade accountability for the array of charges against him.The string of accusations lodged during the two years of Mr. Trump’s candidacy, seemingly enough to end the career of almost any politician, became in his hands a fund-raising bonanza and a rallying cry, a deep pool of fuel for his rage and a call to demand retribution. The intensity of his campaign fed off the recognition that his personal freedom could be on the line.He was indicted not just once but twice for plotting to overturn the last election. He was accused of mishandling national security secrets and obstruction. He was found liable for sexual abuse and defamation, and for inflating his net worth. And he was found guilty of criminal charges stemming from a hush money payment to a porn star.Throughout it all, however, starting with his first indictment in the hush money case, legal proceedings that were meant to hold him to account only seemed to strengthen his support. His political standing strengthened, he was relentless in fighting off some charges, delaying a trial on others and banking on the election itself to settle what he could not win in the courtroom.The Justice Department has taken the position under administrations of both parties that prosecutors cannot pursue criminal charges against a sitting president to avoid interfering with his performance of his constitutional duties. That is a legal principle that the Trump administration Justice Department and his defense lawyers will surely press state courts and local prosecutors to adhere to as well.The result is that the decision by voters this week to return Mr. Trump to the White House could lead all or many of the proceedings against him to be postponed or derailed altogether.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Will Trump Get Jail Time? We Looked at Similar Cases to Find Out.

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      Donald J. Trump faces sentencing on Nov. 26. The election three weeks earlier may determine not only if he returns to the presidency, but if he ends up behind bars.In November, after voters decide whether to return Donald J. Trump to the White House, the judge who oversaw his criminal trial could send him to jail.And despite Mr. Trump’s political status, the judge has ample grounds to do so, a New York Times examination of dozens of similar cases shows.The former president’s unruly behavior at the trial, held in New York in April and May, makes him a candidate for jail time, as does his felony crime of falsifying business records: Over the past decade in Manhattan, more than a third of these convictions resulted in defendants spending time behind bars, The Times’s examination found. Across New York State, the proportion is even higher — about 42 percent of those convictions led to jail or prison time. More

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      A Judge’s Decision to Delay Trump’s Sentencing

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      More from our inbox:Risky Covid Behavior‘Glorious’ Outdoor Dining in New York CityA Librarian’s FightDonald J. Trump, the first former American president to become a felon, is seeking to overturn his conviction and win back the White House.Doug Mills/The New York TimesTo the Editor:Re “Judge Pushes Sentencing of Trump to After Election” (front page, Sept. 7):I must disagree with the hand-wringing of my liberal colleagues who lament the fact that Donald Trump won’t be sentenced for his conviction in the hush-money case until after the election.Your article notes that the public will not know before they go to the polls “whether the Republican presidential nominee will eventually spend time behind bars.”With all due respect, so what? The former president was convicted of 34 felony counts of falsifying business records. Those who recoil at the idea of their president being a convicted felon won’t vote for him; those who support him will not change their minds based on the severity of the sentence.Other than being used as a talking point on the left (“he got four years in prison!!”) or on the right (“he got probation — I told you it was no big deal”), what could a sentence now possibly achieve?While no one, including Donald Trump, is above the law, this case is unique in our history. The sentence must be viewed as judicially sound, and for that it cannot become a partisan football, especially this close to an election.Eileen WestPleasantville, N.Y.To the Editor:Donald Trump’s lawyers have consistently maintained that his trials should not go forward because it may affect the 2024 election. Their many motions have contributed to delaying three of the four trials he faces. They have now persuaded Justice Juan Merchan in New York to put off sentencing in the fourth, justified by the judge because of the unique circumstances and timing surrounding the event.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Trump Tries to Move Hush-Money Case to Federal Court Before Sentencing

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      The long-shot request, which the former president made Thursday night, is an attempt to avoid sentencing in his criminal case, scheduled for Sept. 18.Former President Donald J. Trump sought to move his Manhattan criminal case into federal court on Thursday, filing the unusual request three months after he was convicted in state court.The long-shot bid marks Mr. Trump’s latest effort to stave off his sentencing in state court in his hush-money trial, in which he was convicted of falsifying records to cover up a sex scandal.He is scheduled to receive his punishment on Sept. 18, just seven weeks before Election Day, when he will square off against Vice President Kamala Harris for the presidency.“The ongoing proceedings will continue to cause direct and irreparable harm to President Trump — the leading candidate in the 2024 presidential election — and voters located far beyond Manhattan,” Mr. Trump’s lawyers, Todd Blanche and Emil Bove, wrote in the filing.Their filing came even as the Trump legal team is awaiting the result of a separate effort to postpone the sentencing; it opened a second front that could complicate the first.On Aug. 15, Mr. Trump asked the state court judge who presided over the trial, Juan M. Merchan, to delay the sentencing until after Election Day. Mr. Trump’s lawyers argued that they needed more time to challenge his conviction on the basis of a recent Supreme Court ruling granting presidents broad immunity for official acts.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Prosecutors in Trump Hush-Money Trial Leave Decision on Sentencing to Judge

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      Lawyers for Donald J. Trump had asked to move the sentencing in his Manhattan criminal case to after the election. In a letter, prosecutors disputed many of their arguments.Manhattan prosecutors took no clear position on Donald J. Trump’s latest request to delay his sentencing in his criminal hush-money case, deferring to a judge alone to decide whether to postpone until after Election Day.In a letter to the judge overseeing the case, Justice Juan M. Merchan, prosecutors from the Manhattan district attorney’s office declined to endorse either the existing schedule or a delay — but also disputed many of Mr. Trump’s arguments for needing additional time. The former president had asked to postpone the sentencing until after the election partly so he had more time to challenge his conviction.The sentencing is currently set for Sept. 18, just seven weeks before Election Day, when Mr. Trump, now a felon, will square off against Vice President Kamala Harris for the presidency. The prosecutors, the letter said, are “prepared to appear for sentencing” at any date the judge chooses.“The people defer to the court on the appropriate post-trial schedule that allows for adequate time” for Mr. Trump to challenge his conviction, “while also pronouncing sentence without unreasonable delay,” the prosecutors wrote in the letter, dated Aug. 16 and released on Monday.The district attorney, Alvin L. Bragg, appeared to strike a middle ground in hopes of navigating around a partisan backlash so close to Election Day.If Mr. Bragg had opposed a postponement, Mr. Trump would have accused him of meddling in the election. But explicitly consenting to Mr. Trump’s delay tactics might have alienated Mr. Bragg’s liberal Manhattan base as it demands accountability for the former president, who was convicted in May of falsifying business records to conceal a sex scandal.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      A Party Now Molded in Trump’s Image Prepares for a Coronation

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      Thursday night, when Donald J. Trump accepts the Republican presidential nomination for the third time, will be the culmination of an extraordinary run of good fortune.Exactly seven weeks ago, Donald J. Trump was found guilty of 34 felony counts in Manhattan, an unprecedented conviction of a former president that looked like a political rock bottom.Since then, the Supreme Court handed him a critical legal victory that threw those felony convictions and more cases into limbo. President Biden’s disastrous debate plunged the Democratic Party into a rolling crisis. Two days before the opening of the Republican National Convention in Milwaukee, he narrowly survived an assassination attempt that shocked the nation and quieted Democrats’ criticism and any remaining Republican grumbling.And hours before Mr. Trump formally received his party’s nomination on Monday, the judge overseeing another of the criminal cases against him — the one involving accusations that he had mishandled classified documents — threw out all of the charges.Thursday night, when Mr. Trump accepts the Republican presidential nomination for the third time, will be the culmination of an extraordinary run of good fortune and a testament to his political instincts. His address will also in many ways serve as the Republican Party’s coronation of a leader who went from rattling the conservative establishment to refashioning it entirely in his image.“Eight years ago, Donald Trump shocked the system and defied the doubters,” Kellyanne Conway, the adviser who brought his campaign to the finish line then, said on Wednesday night.This week, the doubters in his own party proved hard to find. Over the first three days, Republicans of all stripes — elected officials, regular Americans, his family — have taken turns seeking to reintroduce Donald Trump: not the chaotic president from news headlines, but a softer, kinder leader, yet unafraid to fight. With a bandage on his right ear, where the would-be assassin’s bullet went through, he has basked in a hero’s welcome every night.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      The Sunday Read: ‘A Republican Election Clerk vs. Trump Die-Hards in a World of Lies’

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      Tally Abecassis and Listen and follow The DailyApple Podcasts | Spotify | Amazon Music | YouTubeCindy Elgan glanced into the lobby of her office and saw a sheriff’s deputy waiting at the front counter. “Let’s start a video recording, just in case this goes sideways,” Elgan, 65, told one of her employees in the Esmeralda County clerk’s office. She had come to expect skepticism, conspiracy theories and even threats related to her job as an election administrator. She grabbed her annotated booklet of Nevada state laws, said a prayer for patience and walked into the lobby to confront the latest challenge to America’s electoral process.The deputy was standing alongside a woman that Elgan recognized as Mary Jane Zakas, 77, a longtime elementary schoolteacher and a leader in the local Republican Party. She often asked for a sheriff’s deputy to accompany her to the election’s office, in case her meetings became contentious.“I hope you’re having a blessed morning,” Zakas said. “Unfortunately, a lot of people are still very concerned about the security of their votes. They’ve lost all trust in the system.”After the 2020 election, former President Donald J. Trump’s denials and accusations of voter fraud spread outward from the White House to even the country’s most remote places, like Esmeralda County. Elgan knew most of the 620 voters in the town. Still, they accused her of being paid off and skimming votes away from Trump. And even though their allegations came with no evidence, they wanted her recalled from office before the next presidential election in November.There are a lot of ways to listen to “The Daily.” Here’s how.We want to hear from you. Tune in, and tell us what you think. Email us at thedaily@nytimes.com. Follow Michael Barbaro on X: @mikiebarb. And if you’re interested in advertising with The Daily, write to us at thedaily-ads@nytimes.com.Additional production for The Sunday Read was contributed by Isabella Anderson, Anna Diamond, Sarah Diamond, Elena Hecht, Emma Kehlbeck, Tanya Pérez, Frannie Carr Toth and Krish Seenivasan. More

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      ¿Qué sigue para Trump tras el fallo de la Corte Suprema sobre la inmunidad presidencial?

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      Analistas y observadores ya preveían, a grandes rasgos, la decisión que establece que los presidentes merecen protección considerable por sus actos oficiales. Trump lo proclamó como una victoria.[Estamos en WhatsApp. Empieza a seguirnos ahora]Un sistema jurídico que le ha propinado golpes dolorosos a Donald Trump en los últimos seis meses le acaba de dar una de las mejores noticias que ha recibido desde que empezó su campaña.El lunes, la Corte Suprema de Estados Unidos, cuya mayoría calificada conservadora se consolidó con los magistrados nominados por Trump, le concedió al expresidente inmunidad parcial ante procedimientos judiciales ahora que intenta eludir una acusación formal del fiscal especial Jack Smith en relación con sus esfuerzos para impedir la transferencia de poder tras las elecciones de 2020.Desde hace meses, tanto analistas políticos como observadores de la corte ya esperaban, a grandes rasgos, este fallo: que los presidentes tienen derecho a una protección considerable por sus actos oficiales. Sin embargo, Trump lo proclamó como una victoria.“Este es un gran triunfo para nuestra Constitución y democracia. ¡Estoy orgulloso de ser estadounidense!”, escribió Trump en puras mayúsculas en su plataforma Truth Social.La decisión implica que es casi una certeza que un juicio sobre el caso se postergue hasta después de las elecciones de noviembre, y si Trump gana, es casi seguro que el Departamento de Justicia descarte el caso, según personas cercanas al exmandatario.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Manhattan Prosecutors Agree to Delay Trump’s Sentencing

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      Donald J. Trump’s lawyers want to argue that a Supreme Court decision giving presidents immunity for official acts should void his felony conviction for covering up hush money paid to a porn star.Manhattan prosecutors on Tuesday agreed with Donald J. Trump’s request to postpone his criminal sentencing so that the judge overseeing the case could weigh whether a recent U.S. Supreme Court ruling might imperil his conviction, new court filings show.It is up to the judge to determine whether to postpone the sentencing, though with both sides in agreement, it seems likely he would do so.Mr. Trump, who was convicted of 34 felony counts of falsifying business records related to his cover-up of a sex scandal during his 2016 presidential campaign, was scheduled to be sentenced on July 11. He faces up to four years in prison, though he could receive as little as a few weeks in jail, or probation.On Monday, the Supreme Court granted Mr. Trump broad immunity from prosecution for official actions taken as president, dealing a major setback to his federal criminal case in Washington, where he is accused of plotting to overturn his 2020 election loss.Although the Manhattan case does not center on Mr. Trump’s presidency or official acts — but rather personal activity during his campaign — his lawyers argued on Monday that prosecutors had built their case partly on evidence from his time in the White House. And under the Supreme Court’s new ruling, prosecutors not only cannot charge a president for any official acts, but also cannot cite evidence involving official acts to bolster other accusations.In a letter to the judge who presided over the trial, Juan M. Merchan, Mr. Trump’s lawyers argued that the conviction should be set aside. They also asked Justice Merchan to postpone the sentencing while he considered their request.In response to the letter from Mr. Trump’s lawyers, the district attorney’s office wrote that prosecutors did not oppose Mr. Trump’s request to delay the sentencing.“Although we believe defendant’s arguments to be without merit, we do not oppose his request for leave to file and his putative request to adjourn sentencing pending determination of his motion,” wrote Joshua Steinglass, one of the assistant district attorneys who tried the case against the former president.Mr. Trump’s lawyers proposed filing their court papers on July 10, and the district attorney’s office said it would respond two weeks later.This is a developing story and will be updated. More