Juan Manuel Merchán: Jurist overseeing high-profile cases
Juan Manuel Merchán, an interim justice in the New York State Supreme Court, has presided over several high-profile cases, including the criminal trial of Steve Bannon on charges of fraud and money laundering, the criminal case against the Trump Organization, and the grand jury that indicted former U.S. President Donald Trump on March 30th, 2023.
Emergency Motion filed by Constitutional Advocate Peter T. Santilli
On April 2, 2023, Constitutional Advocate Peter T. Santilli filed an Emergency Motion with Judge Juan Merchan, requesting a stay on the impending criminal case against former President Donald J. Trump. The motion is based on the assertion that the criminal indictment of President Trump is violating his Constitutionally protected right to vote for his chosen candidate in the November 2024 election. Santilli believes that the government’s only purpose is to protect the citizens’ unalienable rights as set forth in the Declaration of Independence and the U.S. Constitution.
18 USC Code § 242 cited in Santilli’s Motion
Santilli’s motion also cited 18 USC Code § 242, which prohibits the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States. This federal law sets forth penalties for any person who willfully subjects any other person to the deprivation of such rights. The motion requests that the proceedings be delayed until after the election to avoid any potential influence on the public and to protect the Constitutionally protected right to vote.
Founding Documents and Constitutionally Protected Rights
Santilli argues that the founding documents of the United States make it evident that all men are created equal, endowed by their Creator with certain unalienable rights, and government officials are elected and given power by the people who voted for them to secure these rights. The motion makes it clear that our founding documents, which include the Declaration of Independence and the U.S. Constitution, unequivocally state the intentions of our founders when they created the laws of our nation.
Awaiting Judge Merchan’s Ruling
Judge Juan Merchan, who is presiding over the case, has yet to make a ruling on the Emergency Motion. It remains to be seen whether or not the judge will grant Santilli’s request for a stay on the proceedings until after the November 2024 election.