Judge in Trump hush money case delays sentencing to decide whether case should be dismissed

The judge presiding over Donald Trump’s New York hush-money trial on Friday delayed sentencing scheduled for next week to allow more time for arguments about whether the case should be thrown out.

State Judge Juan Merchan made the ruling after Manhattan District Attorney Alvin Bragg’s office said in a court filing earlier this week that it would not oppose Trump’s lawyers’ request to delay his sentencing on 34 counts of falsifying business records.

In short order, In early December, Merchan set a new deadline for Trump’s lawyers and prosecutors to present their arguments on whether the case should be dismissed in light of his election as president. The defense has until December 2 to file a plea, and the prosecution has until December 9 to respond.

Merchan also deferred another outstanding issue of whether the conviction should be overturned because of the Supreme Court’s ruling on presidential immunity. He was originally scheduled to make a decision on the proposals by November 19.

He has not set a new sentencing date. Trump is scheduled to be sworn in as president on January 20.

Trump was scheduled to be sentenced on November 26, but his lawyers argued that the sentencing hearing – and the entire case – should be “immediately dismissed” due to presidential immunity protections they claim are already in place as a result of his “stunning victory” “on election day.

“Just as a sitting president is completely immune from any criminal process, so is President Trump as president-elect,” Trump lawyers Todd Blanche and Emile Beauvais said in a statement Wednesday.

They also argue that he cannot be sentenced after his term expires because it is too long to wait.

Trump said last week that he plans to nominate Blanche and Beauvais to senior Justice Department positions in his new administration.

Manhattan prosecutors said they would challenge Trump’s efforts to dismiss the hush-money case but acknowledged that sentencing may have to come after he leaves office.

“The people have deep respect for the Office of the President, are mindful of the demands and responsibilities of the President, and recognize that the inauguration of the defendant will raise unprecedented legal issues,” the statement said.

“Given the need to balance competing constitutional interests, it is necessary to consider various non-dismissal options that may address any concerns raised by the continuation of post-trial criminal proceedings during the presidency, such as postponing all remaining criminal proceedings until the end of the Defendant’s upcoming presidential term,” – prosecutors added.

Trump was found guilty on all charges in May after a week-long trial in which he was accused of falsifying business records to hide a refund of money his then-lawyer Michael Cohen paid to adult film star Stormy Daniels in the final days of the 2016 election. presidential campaign.

Daniels claimed she had sexual contact with Trump in 2006, an allegation he denied.

Trump was first scheduled to be sentenced in July, but the trial was delayed after the U.S. Supreme Court decided this month to expand presidential immunity protections in a federal case against Trump. Following that decision, his lawyers argued that the New York conviction and underlying indictment should be thrown out, arguing that the Supreme Court’s decision meant prosecutors should not have been allowed to use some trial evidence against him.

The Manhattan jury’s verdict marked the first time a former US president has been found guilty of a crime. The case was the only one of four criminal cases filed against Trump since he left office in 2021 to stand trial.

Two federal cases are being dropped as a result of his election victory, and the Georgia case is moving slowly as Trump and some of his co-defendants seek to have prosecutors disqualified. Their appeal was due to be heard in December, but the appeal court abruptly canceled the hearing this week.