Northeast
Where does Trump's New York sentencing stand after massive election win?
Following his massive election victory, President-elect Trump is still scheduled for sentencing in his Manhattan criminal case later this month, with presiding Judge Juan Merchan first ruling whether to dismiss the charges altogether after the Supreme Court’s presidential immunity ruling earlier this year.
Trump was found guilty of 34 counts of falsifying business records following his Manhattan criminal trial in May. District Attorney Alvin Bragg’s office worked to prove that Trump falsified the business records to conceal a $130,000 payment to former porn star Stormy Daniels ahead of the 2016 election to quiet her claims of an alleged affair with Trump in 2006. Trump has maintained his innocence in the case.
Trump is scheduled for sentencing on Nov. 26, which is already a four-month delay from the original date of July 11.
Trump’s lawyers had asked Merchan to overturn the former president’s guilty verdict in New York v. Trump after the Supreme Court ruled in July that former presidents have substantial immunity from prosecution for official acts in office, but not for unofficial acts. Merchan is expected to rule by Nov. 12 as to where the charges stand.
“A normal judge would dismiss this case, and then the DA would have to decide, what — if anything – remains, so that we could consider re-bringing the case. But Judge Merchan has shown himself to be nothing but an ordinary judge. And so the catch-22 here is, if he was normal, he would dismiss it, but because he’s not normal, he’ll probably deny it. But because it’s an immunity claim, that gives the Trump defense team the right, the legal right, to immediately appeal his denial,” Cully Stimson, deputy director of the Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies, told Fox News Digital.
TRUMP’S ‘MODERN DAY SALEM WITCH TRIAL’ VERDICT SIGNALS ‘OPEN SEASON’ ON FORMER PRESIDENTS: EXPERTS
Former President Trump takes the stage to address supporters at his rally at the Palm Beach County Convention Center in West Palm Beach, Florida, on Wednesday. (Brian Snyder / Reuters)
Stimson said that even if Merchan denies Trump’s claim of immunity, the Trump team appeals the decision and an appellate court also denies Trump’s claim, the president-elect would not face incarceration.
“For all intents and purposes, no matter what happens if [Merchan] denies it, and the appeals court… follow the judge, and then the judge gets to sentence him. Even then the Justice Department will come in and say, ‘Look, under the Supremacy Clause, you cannot impose a criminal sentence, especially one of incarceration on a sitting president.’ And so that case will be on ice until after Trump gets out of office. But as a practical matter, this case and the Fanni Willis case are over,” he said.
Judge Juan Merchan poses for a picture in his chambers in New York on March 14. (AP Photos)
Trump pleaded not guilty in the case and denied any such affair with Daniels. The now-president-elect had railed against the trial as a “sham,” while calling Merchan “corrupt” and “conflicted,” appearing to refer to the judge’s familial ties to the Democratic Party. Trump also lambasted the case as “lawfare” promoted by the Biden-Harris administration to hurt his chances of succeeding in the 2024 presidential election.
Trump cannot pardon himself upon his inauguration, as it was a state case.
Former President Trump appears in court with members of his legal team for an arraignment on charges stemming from his indictment by a Manhattan grand jury in New York City on April 4, 2023. (Reuters/Andrew Kelly/Pool)
Stimson continued that, considering the Supreme Court’s ruling on immunity, it would be impossible to take a scalpel to the case and remove the evidence connected to Trump’s first White House administration and “official acts” in the position from the evidence connected to his life before he was president.
TRUMP LAWYERS REQUEST TO MOVE NEW YORK CRIMINAL CASE TO FEDERAL COURT, CITING SCOTUS IMMUNITY RULING
“[Merchan] is not your traditional judge, but he’s not going to say there’s no immunity for Trump because… the highest court in the land has said that presidents enjoy absolute immunity for their official acts, and so he’s going to have to recognize that the question is whether he has the temperament and the judgment — which he has proven not to, at least so far — to apply that in a fair and impartial manner and dismiss the charges,” Stimson told Fox News Digital.
“By dismissing the charges, that just puts the ball back in Alvin Bragg’s court. If Alvin Bragg wants to double down on stupid, which he’s done a lot, he can [reopen the case]. But he’s not going to get anywhere with that, because by then, the president will have assumed office. And the Justice Department will move under the Supremacy Clause that you cannot bring your case, your criminal case, against a sitting president while he’s the president,” he continued.
JUDGE MERCHAN DELAYS TRUMP SENTENCING UNTIL AFTER ELECTION
Manhattan District Attorney Alvin Bragg speaks to the media after a jury found former President Trump guilty on 34 felony counts of falsifying business records on May 30 in New York. (AP/Seth Wenig)
Fox contributor and former Assistant United States Attorney for the Southern District of New York Andrew McCarthy also wrote in an op-ed for Fox Digital this week that Trump would not face prison time in the case.
“Understand, Trump is not going to prison even if Merchan metes out an incarceration sentence. Though the charges are felonies, they are not sufficiently serious under New York law to merit immediate detention; Trump will get bail pending appeal,” he wrote.
“Given that Trump is not going to be sent to Rikers Island by a Manhattan judge in any event, it would be prudent to postpone the sentence and allow Trump to pursue his immunity appeal. That would avoid the unseemliness of subjecting the next president of the United States to a criminal conviction and sentence when he is about to take office,” he continued.
“Lawfare was terrible for the country. The resounding win Americans have given Trump should be its death knell,” McCarthy added later in his piece.
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New York
She’s Riding in Five Boro Bike Tour, and She’s Happy to Wear a Helmet
Good morning. It’s Friday. We’ll meet a first-time rider in the Five Boro Bike Tour who learned the hard way that wearing a helmet matters. And on this, the 95th anniversary of the day the Empire State Building opened, we’ll find out about some of the workers who built it.
As a first-timer in the Five Boro Bike Tour on Sunday, Patricia Hochhauser will wear a helmet. It’s a must for the 32,000 entrants.
But Hochhauser has special reason to. She wasn’t wearing one a couple of years ago, when she tried out a gas-powered scooter. Her husband, Harold Hochhauser, said it had bucked and thrown her off. She sustained a traumatic brain injury.
“I live every day with the consequences of not wearing that helmet,” she said. She was checking out the scooter in a parking lot. “I was so excited about it, thinking I was going to do errands in the neighborhood — put on a backpack and throw my groceries in there,” she said. “I had all these big hopes and dreams.” She said she did not remember anything about the accident “until they were putting staples in my head” — 15 in all, she said.
The accident cost her a job opportunity, she said: She had been scheduled to start training a week later as a bus driver with the Metropolitan Transportation Authority. She had been a school bus driver and was looking forward to getting behind the wheel of one of the 1,300 buses in the M.T.A.’s fleet.
On Sunday she is looking forward to riding over the 2.6-mile-long Verrazzano-Narrows Bridge. The lower level will be closed to cars and trucks to accommodate the cyclists, who will start out at Franklin Street and Church Street in TriBeCa in Manhattan. Some avenues and major highways will also be off limits to cars and trucks at times during the tour. The City Department of Transportation’s traffic advisory is here. And the Five Boro Bike Tour does not permit scooters like the one she was riding when she had the accident. Some e-bikes are allowed. She plans to ride her regular road bike.
‘We are Gen X’
When the accident happened, Hochhauser and her husband were already practiced cyclists and owned helmets. But they never bothered with them, she said.
Why not?
“Because we are Gen X, and I grew up not having to wear a helmet,” she said. “Half the time growing up, I didn’t even have to wear a seatbelt in the car. It wasn’t like, Oh, get in the back seat and buckle up, you know?”
After the accident, she was determined to ride again. Harold Hochhauser said that their first outings were difficult. To help her maintain balance, he put training wheels on her bike — since removed, he said.
Last year they rode in the Tour de Yonkers, picking the 50-mile route, the longest of three that participants could follow. She said there were hills that she could not conquer — she had to get off and walk up.
“I’m doing it all myself this time,” she said. “I am, you know, stronger than I was then.”
Weather
Today will be bright and sunny with a high near 65. Expect increasing clouds and a chance of rain tonight, as temperatures fall near 51.
ALTERNATE-SIDE PARKING
In effect until May 14 (Solemnity of the Ascension).
QUOTE OF THE DAY
“I would probably encourage him to return the Koh-i-Noor diamond.” — Mayor Zohran Mamdani, on what he would have said to King Charles III if they had met privately during the royal visit on Wednesday. The priceless jewel is a symbol of colonial plunder.
The workers who built the Empire State Building
On another May 1 — in 1931, by coincidence also a Friday — the Empire State Building opened, and on that morning, everyone’s perspective changed. People were awed by the view of the building and the view from the building, “a new view” of New York, as The New York Times described it from 85 stories up. The ships in the Hudson River were “little more than rowboats,” the paper reported. Fifth Avenue and Broadway were “slender black ribbons.”
The Times said that 3,400 workers had “coordinated tasks to finish ahead of schedule.” Glenn Kurtz, whose father’s office was in the building, wondered who they were.
“When you look at the standard histories, the answer is always the architects, the owners and the contractors,” Kurtz told me. He wanted to know about the “people who had tools in their hands.”
“I very quickly discovered there was almost no information about them,” he said. There was no list of their names; the men in famous photographs taken by Lewis W. Hine “have invariably been referred to as ‘anonymous workers,’” Kurtz said. He spent a decade doing research for the book “Men at Work: The Empire State Building and the Untold Story of the Craftsmen Who Built It” and put names to some of the faces in Hine’s photos.
He spotted 32 names on a plaque in the lobby — for workers who were given “certificates of superior craftsmanship” — and realized that many were the men in Hine’s photographs.
But the images themselves were why the workers’ identities had been overlooked. “The photographs are iconic, they represent a generalized ideal, and we love generalized ideals,” Kurtz said. To say, ‘Oh, that’s not this magnificent, iconic image of a worker, it’s Victor Gosselin, who lived in Canada and died in a car crash’ — many people would feel it diminishes the image to know who the actual person was.”
Or, as he said a moment later, “the actual lives of these men often undermine the mythology.”
Gosselin was almost certainly a Mohawk from the Kahnawake reservation, whose territory once reached what is now upstate New York. Another, George Adams, was apparently distantly related to the second president of the United States, John Adams. Others were recent immigrants from Ireland and Italy, as well as Eastern Europe and Scandinavia. Some were sons or grandsons of German or Scottish immigrants.
In “Men at Work,” Kurtz described Neil Doherty, an ironworker Hine photographed, as one of the few “allowed to have his own voice” in newspaper articles about the construction of the huge skyscraper.
“It’s just like anything else,” Doherty was quoted as saying in one article. “A person on solid ground never has any fear of falling. That’s just the way you become, up on the girders after a while, and you have to watch yourself taking that attitude. Usually the two days off at the end of the week are enough to take away this carelessness.”
Gosselin was “the single best-known worker on the building” because he was photogenic and charismatic, Kurtz said. “And in every portrayal of him, he epitomizes the cultural ideal that has so powerfully shaped our image of the workmen who built the Empire State.“
“My real question was, What does the building stand for?” Kurtz told me. “One way to think of it is as a central symbol of America in the 20th century. If we imagine it in those terms, do we think of the five rich men who were funding it, or do we think in terms of the 10,000 mostly immigrant men who built it? The story of the five is told over and over again. I thought it would be interesting to tell the other story.”
METROPOLITAN diary
Covered up
Dear Diary:
I was walking down Clinton Street on the Lower East Side when I passed a couple of guys sitting on a bench.
“You look like you’re in a witness protection program,” one said.
“Excuse me?” I asked.
“You look like you’re in a witness protection program, for sure,” he repeated.
Boston, MA
With Jayson Tatum out, Celtics debut brand-new starting lineup in Game 7
With Jayson Tatum unavailable, Celtics head coach Joe Mazzulla threw his starting lineup into a blender for Game 7 against the Philadelphia 76ers.
Boston opened Saturday’s win-or-go-home game at TD Garden with a five-man unit of Derrick White, Ron Harper Jr., Baylor Scheierman, Jaylen Brown and Luka Garza.
White and Brown are longtime starting-lineup staples, and Scheierman, Harper and Garza all started games at different points this season. But this was that quintet’s first time sharing the floor. They’d played zero minutes together during the regular season or postseason.
Harper, Scheierman and Garza were part of Boston’s top-performing lineup in Game 6. Those three, along with Payton Pritchard and Jordan Walsh, staged a late-game rally, cutting a 23-point deficit to 12 before losing steam in the final minutes of Philadelphia’s series-extending 106-93 win.
The trio of new additions also played key roles in one of the Celtics’ most memorable wins of the season: the Game 82 matchup with the Orlando Magic that Boston won despite sitting their top seven rotation players. Harper, Scheierman and Garza combined for 84 points in that win, with Garza hitting the decisive 3-pointer late in the fourth quarter.
Scheierman and Garza have seen sporadic playing time in Boston’s first-round playoff series, but Harper — who only had his two-way contract converted to a standard deal last month — had only played in blowouts before his surprise start on Saturday.
The radical lineup change pushed usual starters Neemias Queta and Sam Hauser to the bench. Queta had started 81 of the 82 games he’d played this season, including each of the first six playoff games, but he’s struggled to stay out of foul trouble against the Sixers. The Celtics were outscored with Hauser on the floor in four of the first six postseason contests.
Mazzulla opted for Garza over veteran center Nikola Vucevic, who has been Queta’s primary backup when healthy.
Tatum was ruled out for Game 7 with left knee tightness.
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