A Manhattan-based defense attorney shared analysis of President-elect Donald Trump’s request to overturn his conviction in the hush money case, as a decision from the presiding judge was expected Tuesday.
Judge Juan Merchan previously postponed his ruling to avoid any appearance of election interference. He is now set to decide whether to dismiss the indictment against Trump, order a new trial or uphold the conviction.
“Honestly, there’s really no playbook for it,” Duncan Levin said during an interview on “Mornings On 1,” referring to the lack of precedence.
Levin suggested that if Merchan proceeds toward sentencing, it could create a unique dilemma. He believes Trump’s legal team will argue for leniency because of his role as president-elect.
“Mr. Trump’s lawyers are likely to argue he shouldn’t even be required to come to the sentencing in person because he’s in the middle of putting together his new team,” Levin said. “It’s likely the judge will either push the sentence four years into the future or say, ‘At this point, I cannot sentence him.’”
In May, a jury found Trump guilty of falsifying business records related to a $130,000 payment made to adult film actress Stormy Daniels in 2016. The payment was intended to silence her about alleged sexual encounters with Trump. The state-level charges means Trump would not have the ability to pardon himself when he is inaugurated in January.
“There’s no pardoning him, and there’s really no case law on this,” Levin said. “This is an unprecedented situation. What we’re doing is reading policy memoranda from the Department of Justice that says a sitting president can’t be prosecuted. But what about a president-elect? These are things nobody’s ever contemplated before.”
Looking ahead, Levin predicted that any decision on sentencing might be appealed, potentially reaching the Supreme Court and impacting Trump’s other ongoing legal battles.
“It’s highly likely the federal courts will get involved and say, ‘You cannot, in any way, impinge on the liberty of the president, including the president-elect,’ and they will step in on that,” Levin said.