https://www.nationalreview.com/2024/11/the-trump-bragg-merchan-chess-game/
Is the president-elect being played?
It is rare to witness such a disconnect between pro-Trump media commentators and the Trump defense team as we’re seeing in today’s news: Manhattan district attorney Alvin Bragg agrees that Trump’s sentencing must be postponed while other proceedings — in particular, Trump’s posttrial motion to vacate the jury’s guilty verdicts — continue. There is outrage in the commentariat, yet Trump and his lawyers are spinning this development as a great victory.
There is a chess game going on here. Bottom line: I believe Bragg is trying to manipulate Trump into asking that the prosecution be suspended for four years.
Despite the Democrats’ campaign rhetoric, Trump is not a convicted felon now, a jury’s guilty verdict notwithstanding. Only the court’s formal entry of a judgment of conviction after sentencing makes a defendant a convicted felon. Bragg knows Trump does not want to be sentenced and have the judgment of conviction entered on the court’s record (and thus on Trump’s personal record). I wager that the DA is calculating that if the president-elect is given the choice of either a four-year suspension of the case or a sentencing so that Trump can eventually appeal the conviction, Trump will choose the former.
If it is Trump himself who asks for that outcome, all the people complaining about the unfairness and harm to the public interest of having a criminal case hanging over a sitting president’s head for four years will have to mute their outrage. And I think Trump is going to ask for that outcome — which is why his lawyers are already equating postponement with victory.
Let’s try to break it into the three relevant stages: (1) Trump’s posttrial motion to dismiss the guilty verdicts based on the Supreme Court’s immunity ruling (which is now on the table); (2) sentencing and entry of the judgment of conviction (which would happen if Judge Juan Merchan denies the posttrial motion); and (3) appeal, which most close observers experienced in criminal law issues believe Trump has a good chance of winning.