Panelists discuss Judge Juan Merchan's move to delay a ruling on the issue of presidential immunity in President-elect Trump's criminal case as he prepares for his second term in the White House.
As the left’s once potent lawfare campaign against Donald Trump continues to collapse, New York Judge Juan Merchan delayed his plan to rule on Tuesday as to whether the President-elect’s conviction in Manhattan should be dismissed based on the recent Supreme Court’s immunity decision.
But there is more to it than that.
Merchan now wants to hear from Manhattan District Attorney Alvin Bragg just how prosecutors believe the case should be handled going forward in light of Trump’s victory last week in both the Electoral College and popular vote. The judge surely recognizes that there are constitutional concerns that militate in favor of dismissal.
'EXTRAORDINARY CIRCUMSTANCES': NY JUDGE IN TRUMP CASE PAUSES ALL COURT DEADLINES, SENTENCING
It is well established in law that a sitting president is entirely immune from indictment, prosecution, or any criminal process in state and federal cases. This doctrine was long ago enunciated by the U.S. Supreme Court and has been strictly followed by the Department of Justice. The reason is simple: Presidents have a unique responsibility under our Constitutional framework and must be free to discharge their duties without interference.
The same principles of immunity from criminal process necessarily extend to a President-elect during the critical and time-consuming transition as he forms a new government and prepares for official acts in the national interest before being sworn in. This is reinforced by the Presidential Transition Act which prohibits "disruptions…in the transfer of the executive power."
Under the Supremacy Clause of the Constitution, states have no legal right to impede such federal authority. A single local prosecutor is not empowered to interfere with the functions of the Executive Branch. It would be a dangerously impermissible intrusion. For this reason, Bragg must voluntarily dismiss his case against Trump. The D.A. waited years before filing any........