The judge who supervises Donald TrumpThe New York criminal court on Tuesday approved a stay of the former president’s sentencing after his lawyers asked for more time to argue that the Supreme Court’s immunity ruling requires a new trial.
The hearing on the verdict, previously scheduled for July 11, will now be held on September 18 at the earliest, according to a letter on the court’s docket.
The delay ensures that Trump will not be convicted until after he is formally nominated for president at the Republican National Convention, which begins July 15. The sentencing will come less than two months before the presidential election.
Trump’s team moved quickly to capitalize on Monday’s Supreme Court ruling, sending a letter to Merchan asking him to inform him of its impact on his conviction on 34 counts of falsifying corporate records. In a letter dated Tuesday, prosecutors said they did not oppose delaying the hearing, though they said they believe the effort to overturn the verdict is “without merit.”
The jury in Manhattan found Trump guilty of crimes that would normally be misdemeanors but were upgraded to felonies in this case. Prosecutors argued that he manipulated internal company records while in the White House to conceal that, as president-elect, he had ordered his former lawyer Michael Cohen to pay off porn star Stormy Daniels before the 2016 election.
In Monday’s letter to the judge, Trump’s team argued that prosecutors improperly used evidence of his “official acts” at trial, which is now immunity-bearing conduct prohibited under the Supreme Court’s new ruling. The justices concluded that while presidents are not granted immunity for “unofficial” acts that do not involve the president’s core duties, prosecutors cannot use any evidence or testimony about official acts to prosecute unofficial conduct.
The crux of the issue for Merchan will now come down to whether some of the evidence, such as testimony from former Trump adviser Hope Hicks describing a conversation she had with Trump while he was president, is off-limits. If so, a new trial could be necessary unless the judge finds the error was harmless because Trump would still have been convicted.
Merchan approved the sentencing delay in a Tuesday letter to both Trump’s lawyers and prosecutors from Manhattan District Attorney Alvin Bragg’s office, but Trump’s team could face an uphill battle. The judge quickly rejected their earlier attempt to dismiss the case on immunity grounds. He said he would rule on the immunity decision on Sept. 6.
Trump faces a range of possible punishments, including prison time, probation and a fine. Bragg, who filed the case against Trump, has not yet indicated what sentence he will seek.
This article was originally published on NBCNews.com
