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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJudge Merchan did not sentence TSF, he merely concluded the proceedings.
He can call that legal mumbo jumbo whatever he wants, but the jury had previously convicted the POS so he was already a felon. Merchan did nothing more than stop those proceedings from continuing in any way. Calling what he did today a sentencing is an insult to not only the American people who put their faith in our judicial system, but it's a slap in the face to anyone who has ever endured the process, received there sentence, and did their time.
I wish people would quit calling the farce that occurred today TSF's sentencing. It was, like everything else connected to him, a scam and fraud.
mitch96
(14,814 posts)Ocelot II
(121,833 posts)even though he knew he wouldn't have to do jail time. In fact, this particular crime - falsifying business records - rarely results in incarceration at all, for anybody. He was never going to jail and he knew that. He is furious about the conviction even though he won't be jailed or fined, and he's going to appeal. If he didn't care he wouldn't be ranting about it and he wouldn't bother to appeal.
Klarkashton
(2,392 posts)He used other people's money, the donations for it.
It's all a big ass game to him.
mitch96
(14,814 posts)Ocelot II
(121,833 posts)it resulted in an entry of a judgment of conviction. This step was important because it was necessary to make an appeal possible - he couldn't appeal the conviction until this happened. So why did he try to hard to prevent this process from occurring? One big reason, besides the embarrassing fact of the final conviction itself, was because he didn't want to appeal while he was president. He wanted the sentencing and entry of judgment to be postponed indefinitely and until his term was over, because that way he could also postpone the appeal and the resurrection of all the sleazy, seedy facts that would come before the public once again. Not that this would make any difference to his MAGA base, but he doesn't want the public to be reminded that he boned a porn actress while his wife was caring for their newborn son, that he paid her $130K to keep her quiet before the 2016 election, and that he tried to conceal the payoff by laundering it through Michael Cohen. Stormy's unflattering description of the event (and of his "manhood" ) will be in the news once again, and within the next few months. Far from stopping the proceedings, Merchan enabled them to continue. Now Trump has to appeal, and soon, within 30 days (and we can be sure he'll appeal even though he'll probably lose) because the alternative is that the conviction is final and forever.
bluesbassman
(19,958 posts)The "conviction" means nothing. Why does he even bother appealing it? As far as I can see he can make more political hay out of the "political conviction" angle than actually having it removed.
dpibel
(3,454 posts)I'm thinking the next gambit will be that, since the appeal deadline occurs while he is officially Presidenting, the deadline must be tolled, because an appeal would interfere with his proper exercise of the many powers of the imperial presidency.
No idea what the courts will do with it. Just seems the logical extension of all the other fresh-brewed arguments he's made.
Bernardo de La Paz
(51,722 posts)bluesbassman
(19,958 posts)What penalties has TSF been exposed to?
Bernardo de La Paz
(51,722 posts)bluesbassman
(19,958 posts)If you are found guilty, you have been convicted and must be sentenced. Your case will then be adjourned for sentencing.
https://www.nycbar.org/serving-the-community/legal-forms-resources/other-resources/new-york-state-criminal-justice-handbook/#:~:text=If%20you%20are%20convicted%2C%20whether,judge%20as%20to%20your%20sentence.
Bernardo de La Paz
(51,722 posts)Thus it simplifies details to avoid getting bogged down the way lawyers like to bog things down. Especially as it grew out of experience dealing with people who need translators and are not familiar with the basics (explained in the foreword). The tutorial is already complex enough without getting into fine points.
The DoJ has a more detailed explanation
https://www.justice.gov/archives/jm/criminal-resource-manual-609-evidence-conviction
bluesbassman
(19,958 posts)You were busting my chops about New York law. Are you submitting that Federal law and state law is interchangeable? What makes the citation you provided anymore binding than what I gave? Just because it came from the DOJ? Surely you jest.
Bernardo de La Paz
(51,722 posts)unblock
(54,309 posts)Obviously this can lead to some ambiguity. But if the doj refers to "United States practice", i would take it as referring to the federal government, absent some context that might clarify that they're referring to all jurisdictions within the United States.
Note that "United States" is the name for the federal government in court cases.
Bernardo de La Paz
(51,722 posts)Hard to find info, but it seems that the are two phases, not one, and one of them can overlap or always overlaps a third phase.
1. Judgement (commonly called conviction)
2. Entry of Judgement, happens in Court as far as I can tell.
3. Sentencing.
Phase 2 and 3 seem to always or usually overlap, and that in this specific case they were scheduled to overlap. I remember there being speculation in October that if he never set foot in New York, he would not be a felon (with complications), and it seems that is because of phase 2 not yet done.
Best I can find, sorry.
bluesbassman
(19,958 posts)Youre citing some Boston law professor as the authority on this but refuse to take the NY Bars word on it. Fine, have your way, the jury found him guilty but convicted him of no crime. Feel better now?
Bernardo de La Paz
(51,722 posts)I was doing your research for you, but like I said, it is difficult to extract a full zeitgeist without being a lawyer. The articles in major outlets like the major newspapers frequently mention the distinction, which seemed to escape you.
Either the distinction exists or you are smarter than multiple media sources.
So I gave you the three phases as they seem to be laid out, and how it specifically applied to this case to turn out to be a distinction.
Are you trying to make me sorry for attempting to help you?
Bernardo de La Paz
(51,722 posts)The guide you cite is a big simplification for non-English speakers who need help with basic words like "trial" and "charge". It's a tutorial. It's a learning aid for neophytes. It's a fundamental basic introduction, not a final word, not "the Bar's word". You are treating it as if it was a detailed discussion of a fine point.
Read your own link! It in the forward!
It's a simplified explanation for people who need simplified explanations, not a learned discussion. It would fail at its purpose if it went down rabbit holes to explain things like the distinctions between the three phases.
But is it more satisfying to ignore my point and repeat your misinterpretation of the purpose of your own link? Or did you not read your own link?
MorbidButterflyTat
(2,658 posts)45 times (or whatever) what was he, if not a felon?
Bernardo de La Paz
(51,722 posts)So I think "felon" and "convict" are words not usually used in actual statutes and legal codes, though it is probable that somewhere in some Act it might be.
A "felon" as commonly used, yes, but technically in the eyes of the law not officially "convicted" (per DoJ link in my previous post) until this morning when sentence was pronounced.
CoopersDad
(2,978 posts)Now we just need to be sure that convictions have consequences aside from sentencing.
markpkessinger
(8,622 posts). . . but under New York law, in a very real sense it DOES effectively negate a conviction. If one has not been sentenced, one may, for example, legally answer "No" to the question that appears on many employment applications that asks, "Have you ever been convicted of a felony."
Comfortably_Numb
(4,129 posts)ancianita
(39,023 posts)The consequences of that sentence still make it a sentencing, even if it's one you don't like.
In this sentencing of unconditional discharge:
The sanctity of the jurys verdict is preserved.
The name of Felon is official.
The Felon
-- lost rights and freedom of travel;
-- will have a criminal background record;
-- is barred from purchasing a firearm in either New York or Florida;
-- must submit a DNA sample for New York's and FBIs Combined DNA Index System;
-- may be barred from travel to:
1. Argentina: Denied upon entry
2. Australia: Denied upon entry
3. Brazil: Denied if discovered
4. Cambodia: Denied if discovered
5. Canada: Denied upon entry
6. Chile: Denied if discovered
7. China: Denied upon entry
8. Cuba: Denied upon entry
9. Dominican Republic: Denied if discovered
10. Egypt: Denied if discovered
11. Ethiopia: Denied if discovered
12. Hong Kong: Denied if discovered
13. India: Denied upon entry
14. Indonesia: Denied if discovered
15. Iran: Denied upon entry
16. Ireland: Denied if discovered
17. Israel: Denied upon entry
18. Japan: Denied upon entry
19. Kenya: Denied upon entry
20. Macau: Denied upon entry
21. Malaysia: Denied if discovered
22. Mexico: Denied if discovered
23. Morocco: Denied if discovered
24. Nepal: Denied if discovered
25. New Zealand: Denied upon entry
26. Peru: Denied if discovered
27. Philippines: Denied if discovered
28. Singapore: Denied if discovered
29. South Africa: Denied upon entry
30. South Korea: Denied if discovered
31. Taiwan: Denied upon entry
32. Tanzania: Denied if discovered
33. Tunisia: Denied if discovered
34. Turkey: Denied if discovered
35. Ukraine: Denied if discovered
36. United Arab Emirates: Denied if discovered
37. United Kingdom: Denied upon entry
Just a suggestion: Before venting ... think things through. Do some cursory checking. Posting such sweepingly emotional and link-free fact-free, opinions against your own country's legal system helpshelpshelps our opponents win.
bluesbassman
(19,958 posts)And Ill post anything I choose to post. And one more thing, what exactly do you think is fact free about what I posted?
orangecrush
(22,258 posts)msfiddlestix
(7,899 posts)in" I'm pretty sure he was convicted during the campaign and he travelled all over the place campaigning.
the list of lost rights absolutely meaningless, it's a cruel joke to all citizens in this country.
Irish_Dem
(60,651 posts)There was NO sentencing.
Ocelot II
(121,833 posts)and, more importantly, it was a final adjudication of conviction, which started the time running for Trump to file an appeal. He has 30 days.
Irish_Dem
(60,651 posts)The psychology and reality is that Trump did not get a sentence, he did not receive any punishment for his crimes.
And the judge was obtaining closure and saying good bye to this case.
It is more the court of public opinion, not trial law.
TomSlick
(11,988 posts)Sentencing - even one of no punishment - is necessary for the conviction to be final. Before sentencing, there is a verdict but no judgment of conviction. Before sentencing, the trial judge retains jurisdiction over the case and can set aside the verdict, for any number of reasons, including a conclusion the conviction is unsupported by the evidence. After sentencing, and not before, the conviction can be appealed.
The Judge did the only thing he could. If he had not made it clear in advance that he was going to impose an unconditional release, SCOTUS would have stopped the proceedings.
It's not even half a loaf but it's not nothing. Trump is a convicted felon as of today.
Irish_Dem
(60,651 posts)Not legal terminology.
Nothing happened to Trump for his crimes.
And the judge was reaching closure and saying good bye
TomSlick
(11,988 posts)A verdict is not final until a judgment is entered. A verdict is a finding of fact. A judgment is the application of fact to law.
Trump became a convicted felon today and not before.
CoopersDad
(2,978 posts)Trump was sentenced, and he was convicted in the words of the judge, it would seem.
Merchan told the court that "this has been a truly extraordinary case," even though once the courtroom doors closed, the trial itself had been in his estimation no more special or unique than any other.
However, he told Trump, the same could not be said about the circumstances surrounding the president-elect's sentencing "because of the office you once occupied and will soon occupy again." Merchan said that it was the legal protections afforded to the office of the president that were extraordinary, "not the occupant of the office."
Those legal protections were a factor that overrode all others, Merchan said, but they were not a mitigating factor. He said they did not reduce the seriousness of the crimes or erase the jury's verdict.
https://www.cbsnews.com/news/trump-sentencing-new-york-hush-money-case/
Audio here: https://www.cbsnews.com/news/listen-trump-new-york-hush-money-sentencing/