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Alan Dershowitz on How Trump’s Lawyers Should Handle Bragg’s Plan to ‘Freeze’ the Case Business Docs
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Alan Dershowitz on How Trump’s Lawyers Should Handle Bragg’s Plan to ‘Freeze’ the Case Business Docs





Alan Dershowitz on How Trump's Lawyers Should Handle Bragg's Plan to 'Freeze' the Case Business Docs

Celebrity attorney Alan Dershowitz said Tuesday that President-elect Donald Trump’s lawyers should seek a writ of mandamus to stop Manhattan District Attorney Alvin Bragg from prolonging the case.

Bragg sign a legal filing opposing a motion by Trump’s lawyers to dismiss the case, instead urging New York Judge Juan Merchan to delay sentencing until 2029, after Trump leaves office. Dershowitz accused Bragg of trying to “freeze” the case for political purposes.

“You can’t unfreeze a case any more than you can unfreeze…a living human being. What is the purpose of freezing the case? This is so obvious to any lawyer. Today, people who are not lawyers may not understand why Bragg wants the case frozen for four years,” Dershowitz said. “As long as the case is frozen, until a sentence is rendered, under New York law, Trump cannot appeal. We all know that once Trump appeals, the conviction will be overturned. Ideally, the situation would be reversed.

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“There is no crime. You can’t even recite what it is because they tried to turn a misdemeanor into a felony, and it wasn’t even a misdemeanor. It was banned by prescription,” Dershowitz added. “There is simply no crime, but by postponing the sentencing for four years, or even four years and two months, several things can happen. First, Trump cannot appeal. So a conviction, a jury verdict of guilty for a crime that didn’t exist, hangs over his head for four years, while he is president. Exactly what Bragg wants, and I suspect it might be what Merchan wants too.

A Manhattan jury of seven men and five women sentenced Trump on 34 counts of falsifying business records on May 30 in the case, which involved a $130,000 payment to a porn star Stormy Daniels under a confidentiality agreement. Dershowitz said Trump’s lawyers could prevent the delay.

“Here’s what I recommend Trump’s lawyers do, and I will certainly be in touch with Trump’s lawyers and tell them to do it and even help them explain how to write the brief if they need my help to this topic: Bring a writ of mandamus,” Dershowitz said “A writ of mandamus is an extraordinary request to the courts of appeal to do something that the district court should have done, but refused to do. »

Merchan was scheduled to convict Trump on November 26, but he on pause all deadlines November 12.

“So you present a mandamus to the Appellate Division, saying: Look, we have a constitutional right to appeal. Judge Merchan, if he does this, violates our constitutional right to appeal. This is a deliberate ploy, a deliberate effort to try to prevent us from appealing because they know we are going to win this appeal,” Dershowitz said. “So we don’t care whether you delay the sentence or not. This is not particularly the subject. The bottom line is this: let’s appeal. Let’s appeal now, with or without conviction. Let’s appeal, and I suspect the court would do one of two things: or it would allow them to appeal, which would be extraordinary. I’ve never heard of a case like that, but I’ve never heard of a case like this. He would either let them appeal or demand that the case be sent back to the district court judge and sentenced within 30 days.

“One way or the other, conviction within 30 days, in either case, the courts will not allow a four-year freeze intended to circumvent the right of appeal,” Dershowitz added .

(Featured image media credit: Screenshot/Rumble/The Dershow)

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