Court postpones Trump's criminal sentence until after the elections: See what the political and legal implications are
The sentence that was postponed is related to the former president's conviction in May for committing fraud by buying the silence of a porn actress. The judge justified the change of date to avoid any influence on the outcome of the elections.
Donald Trump speaking at a rally in Michigan - Photo Reproduction / Jim Watson / AFP
The American court decided this Friday (6) to postpone the announcement of the criminal sentence for fraud related to the payment to silence porn actress Stormy Daniels, made by former president Donald Trump. The sentence, which was scheduled for September, will now be released on November 26, after the US presidential elections, which will take place on November 5. Trump faces a possible sentence of up to four years in prison.
Context of the Decision
Former President Donald Trump is facing multiple criminal charges, including obstruction of justice and fraud. In May, Trump was convicted of the crime during the trial of the first of four cases in which he is a defendant in the United States. However, the sentence has not yet been defined by the judges. This is the second postponement of the decision on Trump's sentence, which represents another victory for the Republican. The hearing, which was initially scheduled for July, was postponed to September and now to the end of November.
This decision was taken to prevent the criminal case from directly influencing the electoral campaign. Judge Juan Merchan, responsible for delivering the sentence, explained that the postponement aimed to avoid any appearance, however unfounded it may seem, that the process could be affected or was intended to influence the imminent presidential election, in which the defendant is a candidate. According to the judge, the Court is a fair, impartial and apolitical institution. The former president and Republican candidate celebrated the postponement of the sentence in a social media post and reiterated that he believes the trial is politically motivated.
"The witch hunt was postponed because everyone realized that there is no case, I did nothing wrong. It is a political attack against me by Comrade Kamala Harris and other radical left opponents for the purpose of election interference, and it is a case that should never have been introduced. Nothing like this has ever happened in the United States," Trump said.
Political Implications
The decision to postpone the sentence has several political implications:
Impact on the Trump Campaign: The delay could benefit Trump by allowing him to continue his campaign without the distraction of a looming criminal sentence. This can help mobilize your voters and maintain your position among Republican candidates.
Polarization and Public Perception: The decision could intensify political polarization. To his supporters, it may seem like the justice system is being used unfairly against Trump. For his critics, it may reinforce the idea that he is trying to avoid the consequences of his actions.
Possible consequences for the election results: The decision to postpone the sentence could have a direct effect on the outcome of the elections. If Trump is elected, he could use his position to try to influence or even drop the charges against him. There is nothing in US law that prevents it. This could have a significant impact on the balance of power in Washington.
Legal Implications
Legally, postponing the sentence also raises several questions:
Previous Legal: The decision to delay a criminal sentence in the middle of an election is relatively rare and could set a precedent for future cases. This can generate debates about the independence of the judicial system and the impact of political issues on legal processes.
Rights of the Accused: The delay could be seen as a way to ensure that Trump has the opportunity to adequately defend himself without the pressure of an imminent sentencing. However, it can also raise concerns about the fairness of the process and the need to ensure that justice is done in a timely manner.
Possible Effect on Case Decision: The postponement does not mean the charges against Trump will be reduced or dropped. The process will continue to unfold, and the final decision will be made based on the evidence and arguments presented during the trial. He can also appeal the conviction.
Understand the Case
Trump was convicted in the case in which he was accused of using campaign money to pay porn actress Stormy Daniels so that she would not reveal an extramarital affair they had, according to the indictment. The Prosecutor's Office stated that the former president sent, through an intermediary, a check for US$130,000 to Daniels to buy his silence in 2016, during his run for the US presidency. Trump won the election that year, and prosecutors alleged the payment may have influenced the decisions of many voters.
During the trial, the porn actress stated in her testimony that she actually had a "romantic encounter" with Trump. Michael Cohen, Trump's former lawyer, also testified and revealed that the then-candidate had personally given the order for Daniels to receive the payment. Furthermore, a former Trump official testified that the former president considered the situation a "complete disaster", mentioning that although women might hate him for it, men might find it interesting, but that it would be detrimental to their campaign that year.
The amount paid, according to the indictment, was recorded as legal fees for Michael Cohen, and not as campaign expenses. The money was even counted as spending by Trump's real estate developer, and not by the campaign. The jury's decision, released in May in a New York court, was unanimous. Trump was found guilty on all 34 counts by 12 jurors. Despite the conviction, Trump could still govern the country if he won the election, even if he were arrested, as there is nothing in US law that prevents him from doing so. He also has the right to appeal his conviction.
What Will Happen If Trump Is Convicted
American analysts consider it unlikely that the former president will go to jail, as the 34 charges refer to Class E crimes, considered less serious in New York. Furthermore, the judge can take into account that it is Trump's first criminal conviction, that the crime was not violent, that he is 77 years old and that he was once president of the USA. Instead of prison, the judge may opt for a lighter sentence, such as probation or a fine.
The former American president also faces three other lawsuits: one for appropriating confidential documents from the White House, another for trying to interfere in the result of the 2020 election (which he lost), and the most serious, related to the invasion of the American Congress in January 2021, when his supporters tried to prevent Biden's inauguration.
