In a Monday interview on Newsmax, Judge Andrew Napolitano predicted a delay in sentencing for President-elect Donald Trump's New York case until 2029 while suggesting a stronger chance of dismissal in the Georgia election interference case.
Napolitano, a senior judicial analyst and former judge, shared insights on "Carl Higbie FRONTLINE" regarding Trump's ongoing legal battles. Napolitano touched on Trump's legal motion to dismiss charges in New York and predicted the case would not be dismissed.
"Trump's people made an application to Judge [Juan] Merchan saying, look, the Supreme Court granted immunity, and some of the testimony about Donald Trump's behavior was checks that he signed in the White House," Napolitano explained. "Those checks were inextricably connected to things he did before he was in the White House, in running his Trump Organization. And therefore, you got to throw the whole thing out."
The government, he added, is countering this argument by asserting that some of Trump's actions occurred before he became president, making them ineligible for immunity under the Supreme Court's ruling. "The other half of what he did, the actual signing of those checks to Michael Cohen, who gave the money to Stormy Daniels' lawyer, was done in the White House," Napolitano said, "but it was personal behavior, not official behavior. And personal behavior is not covered under the Supreme Court's immunity decision."
Trump faces sentencing after conviction on 34 counts of falsifying business records in New York.
Napolitano predicted that Merchan would likely deny the motion to dismiss. Still, he suggested that sentencing may not happen for years. "I don't think he'll impose sentence in two weeks. I think he's going to delay sentencing… for four and a half years until Donald Trump, who knows what the world will be like in four and a half years… will be out of office."
Napolitano forecasts that any sentence might be postponed until 2029 after Trump serves a second term as president. "It is inconceivable to me that the president-elect of the United States could be the recipient of a criminal sentence at this time in American history," he added.
In discussing Trump's legal battles in other states, Napolitano pointed to a potentially stronger defense for Trump in Georgia, where the former president faces charges of alleged election interference.
"They have a much stronger case for dismissal in Georgia than they do… the one we were just talking about in New York," he said. Napolitano argued that Trump might contend his actions were part of "official presidential behavior," which could protect him from prosecution.
Nonetheless, Napolitano cautioned that even if Trump is not dismissed as a defendant in the Georgia case, he may still avoid appearing at trial.
"That case is scheduled for trial in the spring. I think it's going to proceed without him as a defendant. He can't be a defendant in a criminal case while he's in the White House," Napolitano observed, adding that while Trump might avoid standing as a defendant, "he can be called to testify… and that's something he has to try and avoid."
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Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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