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Donald Trump is using his new, broad immunity powers to challenge his hush-money conviction.
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The verdict is expected to be postponed until September 18 as both sides argue over a possible retrial.
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Prosecutors say Trump’s efforts are “baseless” but they agree to a short delay.
Manhattan prosecutors agreed Tuesday to delay Donald Trump’s hush-money sentencing, saying they need time to fight his efforts to overturn his conviction following Monday’s Supreme Court immunity ruling.
The judge who imposed the sentence, Chief Justice Juan Merchan of the New York Supreme Court, quickly agreed to delay sentencing until Sept. 18, but only if Trump’s conviction survives this final challenge.
“The case is adjourned until September 18, 2024 at 10:00 a.m. for imposition of sentence, if still necessary, or other proceedings,” Merchan wrote.
“While we believe the defendant’s arguments are without merit, we do not oppose his request for leave to prosecute,” an objection to the May 30 sentencing, prosecutors wrote in a letter to Merchan earlier Tuesday.
The defense has asked Merchan for permission to file a formal objection to his conviction by July 10, just one day before Trump’s original sentencing date of July 11.
Trump will be officially named the Republican Party’s presidential nominee at the Republican Party Convention, which begins on July 15. The event was marred by his conviction four days earlier.
Prosecutors say it will take them weeks to overcome this final hurdle.
“We kindly request a deadline of July 24, 2024 — two weeks after the deadline requested by Defendant — to file and serve a response” to Trump’s arguments, prosecutors wrote to Merchan on Tuesday.
Merchan agreed to a July 10 deadline for the defense to file its objection to Trump’s conviction and a July 24 deadline for prosecutors to file their response.
The judge said he would issue a written decision on Sept. 6 on whether to rehear the case.
How Trump Plans to Appeal His Hush Money Conviction
Trump is appealing his hush-money conviction, a day after the Supreme Court voted 6-3 to grant former presidents broad immunity from criminal prosecution.
The historic ruling found that presidents are presumptively immune from prosecution for “official acts.”
But the ruling goes further: the official acts of a former president cannot be used against him or her, even in an otherwise legally sound criminal prosecution.
Trump sees the ruling as a possible way to avoid conviction on 34 counts of falsifying corporate records to cover up a hush-money payment he made to a porn star in the month leading up to the 2016 election.
The Supreme Court’s decision Monday “affirmed the defense’s position that DANY should not have been allowed to present evidence at trial regarding President Trump’s official acts,” Todd Blanche, Trump’s lead defense attorney, wrote to the judge in a letter released Tuesday.
“Given the complexity of the issues involved, President Trump does not object to a postponement of the July 11, 2024, ruling to allow sufficient time for a full briefing, oral arguments, and decision,” Blanche wrote.
Trump’s team had in March referred the then-pending Supreme Court decision seeking immunity to Merchan, in an unsuccessful attempt to delay the trial or exclude evidence related to official acts.
“In that document, we objected to expected testimony from certain potential witnesses, evidence from President Trump’s social media posts and public statements, and a 2018 document filed with the Office of Government Ethics,” Blanche wrote.
Read the defense brief explaining why the Supreme Court should overturn Trump’s conviction here.
Read the original article on Business Insider
