Joe diGenova, former chief counsel and staff director of the Senate Rules Committee, told Newsmax on Monday that Judge Juan M. Merchan's recent decision to delay the sentencing of former President Donald Trump until after the 2024 election may be an attempt at election interference.
DiGenova expressed concerns on "American Agenda" that the move could create significant legal and political complications, irrespective of whether Trump wins or loses the election.
"Judge Merchan is a hack; we begin with that," diGenova said, openly questioning the judge's impartiality. "We're not talking about a real jurist."
According to diGenova, the judge's decision to delay sentencing may be an effort to maintain strategic flexibility depending on the election's outcome.
Merchan's decision, issued Friday, postponed Trump's sentencing until Nov. 26 — three weeks after the final votes are cast in the U.S. presidential election. The sentencing was initially scheduled for Sept. 18, about seven weeks before Election Day.
"He was very, very sneaky. He decided not to do anything — not because he didn't want to affect the election, but because he wants to have his options open," diGenova said.
"If Trump loses, [Merchan] will probably give him probation. If Trump wins, what he will then do is give him a prison sentence so that he can screw up the certification process in the House of Representatives in January," he said.
DiGenova speculated that the Democrats could challenge Trump's legitimacy, if elected, by highlighting his status as a "convicted felon." However, he noted that being a convicted felon does not constitutionally bar someone from serving as president of the United States.
"That would be election interference of the highest and finest order," diGenova said.
Merchan plans to rule on Nov. 12 on Trump's request to overturn the verdict and dismiss the business documents case, based on the U.S. Supreme Court's July decision regarding presidential immunity.
Information from The Associated Press was used in this report.
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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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