Judge Juan Merchan, who oversees former President Donald Trump's hush money trial in New York, has delayed the Republican's sentencing until after the November election.
According to Reuters, the acting justice of the New York State Supreme Court postponed his sentencing of Trump to Nov. 26 – three weeks after Election Day on Nov. 5. This marks the second time Merchan pushed back Trump's sentencing; the real estate mogul was previously scheduled to be sentenced on Sept. 19.
Prior to the Sept. 6 reschedule, Trump's original sentencing schedule was on July 11. However, the Supreme Court issued a decision with regard to presidential immunity that impacted the former president's guilty verdict. According to the high court, Trump and other presidents are immune from legal action for actions done in an official capacity – but not actions done unofficially. (Related: Supreme Court says Trump, other former presidents immune from criminal prosecution for official acts – but NOT unofficial acts.)
Merchan's decision to move Trump's sentencing to Nov. 26 sides with a motion filed by the former president's attorneys Todd Blanche and Emil Bove. They wrote in the August filing that there wouldn't be enough time for the defense to appeal the judge's upcoming ruling on Trump's request to overturn the conviction. Moreover, it would be inappropriate to sentence the former president this month since early voting in the presidential election has already begun.
Prosecutors did not challenge Merchan's decision to delay Trump's sentencing, leaving the final say to the judge. "The people respectfully defer to the court on the appropriate post-trial schedule," they noted. Even the office of Manhattan District Attorney (DA) Alvin Bragg did not oppose the delay, with a spokesperson saying the progressive prosecutor "stands ready for sentencing on the new date set by the court."
Trump calls for the hush money verdict to be "rightfully terminated"
In May, Trump was convicted on 34 felony counts of falsifying business records to cover up $130,000 given by his then-lawyer Michael Cohen to adult film actress Stormy Daniels (born Stephanie Clifford). The hush money sought to keep Daniels silent before the 2016 election about a sexual encounter she claimed she had with Trump a decade earlier.
The real estate mogul pleaded not guilty and denied the encounter, vowing to appeal the verdict once he is sentenced on Nov. 26. He took to Truth Social to laud Merchan's move. According to Trump's post, he appreciated that Merchan noted the sentencing would only take place if the judge denies a pending motion by his lawyers to toss out the jury's verdict.
"This case should be rightfully terminated, as we prepare for the most important election in the history of our country," Trump wrote. Steven Cheung, a spokesman for the former president's campaign, remarked that there should be no sentencing at all and that the hush money case should be dismissed.
According to ZeroHedge, the charges carry a maximum sentence of four years in jail. Most legal observers expect Trump to avoid jail time, given the alternatives to incarceration, including probation.
If Trump wins in November, he could order the Department of Justice to drop federal election interference charges against him filed by Special Counsel Jack Smith. However, he won't have the authority to end the hush money case in Manhattan presided by Merchan, a separate civil fraud case presided by Judge Arthur Engoron and election interference charges in Georgia pushed by Fulton County DA Fani Willis.
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