NEW: Trump sentencing likely delayed. Manhattan DA's office says it would not oppose a brief delay to brief issues surrounding immunity decision. (via Frank G. Runyeon, Law360)
tho only a two week delay, and implying fairly strongly they do not accept the argument the case is relevant, even if they are willing to provide time for everyone to think about it carefully.
It's also choosing his battles. No way Merchan wasn't going to have this briefed. They're aiming to minimize the delay. Avoiding it altogether was already not in the cards. But it can go quicker if Merchan tackles it himself directly in the first instance.
The question now isn't if sentencing will proceed on the previous schedule. That was shot to hell yesterday. The fight is on trying to get to sentencing before the election now, considering not only Merchan's handling of it but the inevitable attempts at interlocutory appeal, even if they fail.
there's no interlocutory action in federal courts available without either remand to jail or entry of judgment/sentencing—not without SCOTUS breaking *many more* laws.
the cleanest disposal of the issues is that Trump waived them by failing to timely raise them. second cleanest is harmless error.
if they get into the merits and those two issues don't resolve in the prosecution's favor, and SCOTUS gets to opine on the merits before Election Day, they will act to blanket him in preferential immunity.
the smartest thing for Merchan to do re sentencing is no longer remand, which opens the door to an immediate federal habeas action in which Donald Trump's political allies can act under color of law to ensure that he remains free.
I am also not an expert, but yes, he does. I think that goes pretty fast though, and if it doesn't go fast enough when the issue is "bail after sentencing pending appeal," other non-trump defendants have gotten resolution in fed ct.
I have no idea how it looks in New York, but my understanding is that it does not go fast at all in most places (i.e. years, not months or weeks).
Who has gotten relief from a federal court on a state conviction pending appeal? I am not familiar with this.
here's a case from the 2d circuit about whether you even have to exhaust Art 78 remedies (you don't), which I think is still the most recent one on point. can't find the case about how fast state appeals have to be heard but I think it's from out of circuit.
