Turley Details Tough Questions For Merchan 

George Washington University law professor Jonathan Turley stated on Friday that New York Judge Juan Merchan needed to address a “very difficult question” related to the criminal trial before sentencing former President Donald Trump.

Judge Merchan postponed Trump’s sentencing from September 18 to November 26, citing the upcoming presidential election. Turley suggested that the Supreme Court’s July 1 immunity ruling could potentially invalidate Trump’s May 30 conviction on 34 counts of falsifying business records.

“This is not what you’ve come to expect from Judge Merchan. I sat in that courtroom and, quite frankly, I was baffled by many of his decisions. I felt he made some rulings that were clearly in error. He ruled largely in favor of the prosecution and against the former president,” Turley told “America Reports” co-hosts John Roberts and Sandra Smith in a phone interview. That is the reason I think there are aspects of this trial which are really screaming for appellate review. But this is the correct decision. I mean, he not only has a lot of work to do, because… this is a very difficult question about whether the Supreme Court decision will invalidate this conviction. I’ve always believed that he would ultimately uphold the conviction, but he can’t just do that with a wave of his hand. He’s going to have to explain why clearly privileged evidence that he let into the trial was not determinative, was not essential to any conviction. I think that’s the argument that he’s likely to embrace.”

Bragg’s team called former White House Communications Director Hope Hicks to testify about the Trump campaign’s response to the 2016 tape of a conversation between Trump and “Access Hollywood” host Billy Bush during the trial related to the $130,000 payment to porn star Stormy Daniels.

Turley previously suggested that by delaying the sentencing, Judge Merchan might find a reason to avoid imposing a jail sentence on Trump.

“There is an interesting dynamic here with the timing that may actually work in a strange way to help Merchan not impose jail time,” Turley said. “If Donald Trump is elected president, Merchan could use that fact to say that the court is aware of the complications of a person who must carry out the duties of his office now as the president-elect and it could support his not imposing jail time. In some ways it would help him take that cup from his lips and say that I’m going to impose other types of penalties. So, there’s a curious aspect to all of this timing that might make it easier for Merchan not to impose an actual prison sentence.”