The judge in Donald Trump’s hush money case in Manhattan has postponed a decision on whether to dismiss the president-elect’s conviction on the grounds of presidential immunity.
Judge Juan Merchan told Trump’s lawyers on Tuesday that he would delay sentencing until November 19, after defense and prosecutors filed a joint letter asking for a delay.
The postponement followed numerous successful attempts to delay Trump’s case. Earlier this year, he was convicted of 34 felonies for falsifying company records in a scheme to influence the 2016 election.
The verdict came on May 31 – after less than twelve hours of jury deliberation in the unprecedented first criminal trial of a US president, former or sitting. The outcome represented a potentially stunning blow to Trump, the presumptive Republican presidential nominee at the time.
The campaign for Joe Biden, who ultimately withdrew his re-election bid, said in an email shortly after the ruling that “no one is above the law.”
“Today we saw in New York that no one is above the law. Donald Trump has always wrongly believed that he would never face consequences if he broke the law for his own personal gain,” said Michael Tyler, Biden’s communications director.
Trump’s criminal case portrayed a man who did not seem to fit the presidency. Prosecutors said Trump improperly classified as “legal fees” the refunds he made to then-attorney Michael Cohen for a $130,000 payout to adult film star Stormy Daniels to silence her about an alleged affair with Trump registered.
Manhattan District Attorney Alvin Bragg’s office said these forgeries were made to conceal Trump’s violation of New York State election law, which criminalizes promoting the illegal election of anyone to office .
Prosecutors said these unlawful means included the $130,000 payout to Daniels. The payout was essentially an illegal campaign contribution, as it was made in aid of Trump’s 2016 bid – exceeding the $2,700 individual contribution limit.
But Trump, whose polls remained steady during the trial, did not lose support. He eventually became the Republican nominee, defeating Kamala Harris on November 5.
Trump was originally scheduled to be sentenced on July 10. Then came the July 1 U.S. Supreme Court ruling, which granted sitting presidents broad immunity for official acts committed while in office.
Trump urged Merchan to delay his sentencing in light of this ruling. His legal team tried to challenge Trump’s conviction, citing the Supreme Court ruling.
Related: Judge interrupts Trump proceedings because special prosecutor tries to conclude the case
Merchan agreed to consider the legalities and postponed the proceedings until September 18 “if that is still necessary” given the Supreme Court ruling. Trump’s lawyers asked for even more time in August, saying they would need it to possibly appeal Merchan’s decision.
Merchan on September 6 again postponed Trump’s sentencing until November 26 – after the election – saying the situation was “full of complexities.” He said this decision was intended “to avoid any appearance – however unfounded – that the proceedings have been influenced by or seek to influence the impending presidential elections in which the suspect is a candidate.”
Trump’s lawyers argued over the weekend that there are “strong reasons for the requested delay and ultimately dismissal of the case in the interests of justice,” according to the aforementioned letter.
Trump’s election victory has derailed his other criminal cases. Special counsel Jack Smith is working to end the federal election interference and classified documents cases against Trump.
The state-level election case in Fulton County, Georgia, has been put on hold pending appeal, following revelations that District Attorney Fani Willis hired as a prosecutor a man with whom she had an affair. Even if the procedure survives the appeal, the procedure is almost guaranteed to continue until 2029.
More details coming soon…
