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