Gotham Government Relations Founder David Schwartz @newsmax TV''s THE FREEDOM FILE with Judge Andrew Napolitano discussing TRUMP and Legal Reasons for Sentencing Delay.

Youtube transcript
0:02 [Music] 0:07 welcome back my friends attorneys for 0:08 former president Donald Trump have asked
0:10 Justice Juan mean to push back 0:13 sentencing for his conviction for 0:15 falsifying business records sentencing 0:18 is now tentatively scheduled for midep 0:21 but Trump's legal team is asking for a 0:23 delay until after the election there are 0:25 a few key technical reasons for the 0:28 request here to help break it down down 0:30 with me is veteran trial lawyer and my 0:33 longtime friend and colleague attorney 0:34
David Schwarz David uh welcome here I 0:37 was telling some of the sure I was 0:40 telling some of the folks here at 0:42 Newsmax that in my career I have 0:43 sentenced more than a thousand people I 0:46 have never heard the government say it's 0:49 up to you judge it's always they have 0:51 their own opinion they tell you what 0:52 they want to do why do you think when 0:54 Trump's people obviously do not want the 0:57 sentencing before election day the 0:59 government said it's up to you 1:02 judge well I I think on the part of the 1:04 government it was a good strategic move 1:06 look they got their conviction at trial 1:09 they got their pound of Flesh I I I 1:11 think politically and not to interfere 1:15 with the election I think it was a good 1:16 move on the government on the 1:18 government's part to at least appear 1:21 impartial and they're not supposed to be 1:23 impartial obviously they're advocates 1:25 for the state but to at least appear 1:27 indifferent as to sentencing so the 1:31 government is going to say everything 1:33 that Trump did Even though some of his 1:35 behavior in this case signing checks to 1:37 Michael Cohen was done in the White 1:40 House the government's going to say none 1:41 of it was official and everything he did 1:44 was personal the reason they're going to 1:46 make this argument is because Trump's 1:48 leers are going to say oh that immunity 1:50 decision that the Supreme Court came 1:52 down with judge Miran you have to 1:55
extract from what we uh what the jury 1:58 heard that would was official I don't 2:01 think any of Trump's behavior in this 2:04 case could be characterized as official 2:08 as exercising the powers of the 2:10 presidency do you well that started you 2:13 know before the presidency but even 2:15 while he was President this clearly was 2:18 you know a personal uh matter that that 2:21 he was taken care of it was had nothing 2:23 to do with the His official du duties or 2:27 pursuant to any duty to the presidency 2:30 whatsoever so I I I would agree with 2:33 that the sentencing itself now you have 2:37 dealt with a lot of sentences I've 2:39 sentenced over a thousand people in my 2:41 career there's a couple of questions 2:42
that judges asked themselves to begin 2:45 with uh does the defendant have any 2:47 priors no uh is the defendant a danger 2:51 to society no how badly has the 2:55 defendant harmed the victim I would say 2:57
what victim do you think 3:00 uh that Justice Miran will impose a 3:04 sentence of incarceration and perhaps 3:06 suspend it uh for appearance sake or do 3:09 you think he'll say probation for two 3:12 years let's get this over with right 3:14 this should not be a tough decision 3:15 judge with a 78y old man who's never 3:18 been convicted of any crimes whatsoever 3:21 he was convicted of the lowest level you 3:23 know nonviolent felony falsifying 3:26 business records a Class E felony and 3:29 and how he was even bumped up to a 3:31 felony we know is very questionable so 3:35 there's two parts to the judge's 3:36 decision here one is is he going to 3:39 delay the sentencing uh I think it's a 3:42 no-brainer sentencings get delayed all 3:44 the time for a a myriad of reasons so 3:47 there's no reason why the judge for 3:49 appearance purposes shouldn't delay it 3:52 for two months after the election the 3:54 second the F the question that you asked
3:56 though I don't believe uh the judge uh 4:00 Sean should sentence Trump to any jail 4:02 time whatsoever based on those factors 4:05 that it's a nonviolent crime that he's 4:07 at a clean history and and the the 4:10 questions uh as to this crime in the 4:13 first place you know and one of the 4:15 questions will be presidential immunity 4:17 I I I I believe the threeyear the 4:20 probationary period would be in sentence
4:23 got it David I'd like you to stick 4:25 around because former Senator Bob 4:27 Menendez was back in court to see if he 4:29 could get his guilty verdict overturned 4:32 David and I will talk about his chances 4:35
on this when the freedom file returns in 4:37 just a moment