Donald Trump is well on his way to escaping his conviction, here's why

UNITED STATES – He was found guilty but may never be punished. Donald Trump, elected President of the United States at the beginning of November, is well on his way to escaping conviction in the Stormy Daniels affair, named after an X-rated actress with whom he had an affair and whom he fraudulently paid to buy her silence shortly before the 2016 presidential election.

In May and after a six-week trial, a jury of 12 citizens unanimously found Donald Trump guilty of 34 accounting falsification offenses to hide from voters the payment of $130,000 to the porn star. The announcement of his sentence has been postponed several times due to new appeals from defense lawyers, and is (in theory) expected for November 26. But it might never happen at all.

The lawyers of the Republican, champion of appeals to avoid a sentence which would have harmed his image, in fact asked Judge Juan M. Merchan this Wednesday, November 20 “immediate dismissal of the case” because a conviction could harm the ongoing transition of power with the Biden administration and would be unconstitutional according to them.

Court decisions constantly questioned, a profitable strategy

They also say that Donald Trump should not be “prevented from governing”, especially since their client is protected by presidential immunity according to them. This argument is supported by a decision of the Supreme Court rendered last July. If the dismissal is not accepted, the lawyers are arguing for at least a freeze on the case during Trump's term.

A rejection would purely and simply cancel the case and therefore the conviction, a huge victory for the Republican who has continually challenged all legal actions. His strategy has paid off, as he has so far only been tried in this case while he is charged in the assault on the Capitol and the attempted overturning of the results of the 2020 presidential election in Georgia notably. He should take advantage of his election against Kamala Harris to definitively put an end to these extremely serious federal prosecutions.

Faced with the risk of completely dropping the charges, Manhattan prosecutors expressed themselves in a letter sent to Judge Merchan, who managed the case and who will decide whether or not to close the case definitively. “The people respect the post of president (…) and are aware that the inauguration of the accused will raise new questions”they write in this missive consulted by the New York Times. Before adding that they “also deeply respect the fundamental role of the jury in the constitutional system” and oppose the end of the prosecution.

The Supreme Court still favors Trump

The prosecutor in the Stormy Daniels case who became Donald Trump's bête noire, Alvin Bragg, also opposed the cancellation of the procedure. He is one of those who believe that the acts alleged against the billionaire do not fall within the scope of presidential immunity. However, he recognized that a “freezing of the case” until the end of Trump's presidential term was at “consider”.

It's hard to imagine what a conviction could bring after a four-year hiatus. But even if Judge Juan Merchan opts for a simple freeze, Trump's lawyers could still use every avenue to dismiss the case. THE New York Times explains in fact that the president has the possibility of appealing the decision so that it comes to an end on the office of the Supreme Court, the majority of which is conservative (6-3) and pro-Trump.

Thanks to his lawyers who never give up, the Republican could well escape conviction in the Stormy Daniels affair at least temporarily. To reward them for their work, he has already appointed two to important positions within the Minister of Justice to accompany the sulphurous Matt Gaetz, appointed attorney general. If he manages to secure the total dismissal of the prosecutions, Donald Trump does not stop believing himself to be invincible.

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