New York judge has postponed the sentencing of former President Trump’s serious criminal charges until after the election – November 26th.
Judge Juan Merchan stated in the decision made on Friday, September 6th, “This is not a decision taken lightly by the court, but in the court’s view, it is the decision that best serves the interests of justice.”
Earlier, Trump’s lawyers requested that the sentencing originally set for September 18th be postponed until after the election so that they could appeal the pending decision regarding presidential immunity rights.
Trump was indicted by a grand jury in May for 34 counts of falsifying business records. Prosecutors accused Trump of falsifying business documents before the 2016 presidential election to cover up a $130,000 payment to adult film star Stormy Daniels, requesting her not to publicly discuss their affair.
Judge Merchan’s order on Friday also pushed back the decision on the immunity issue from September 16th to November 12th, also after the election. He stated that if the charges are upheld, he will announce the verdict on November 26th.
This delay marks the second postponement of Trump’s “hush money case.” This is due to the Supreme Court’s ruling in a federal criminal case involving Trump, expanding presidential immunity in the District of Columbia.
Trump’s lawyers Todd Blanche and Emil Bove believe that because the Supreme Court’s ruling indicates that Manhattan prosecutors should not be allowed to present evidence of Trump’s “official acts” in the trial, including testimony from former White House aide Hope Hicks.
Prosecutors, however, argue that the Supreme Court’s ruling does not affect the evidence they have presented in the trial, which focuses on Trump’s personal conduct, and the jury’s decision should be upheld by the judge.
Judge Merchan emphasized in the ruling that by postponing the sentencing, it can ensure that the November presidential election will not be influenced by the verdict.
He wrote in the ruling, “This is a unique situation in American history, where the court has been overseeing this case since its inception – from arraignment to the jury’s verdict, with numerous motions and other matters in between.”
“If the court, after carefully considering the Supreme Court’s decision on the Trump case, decides to proceed with this case, this judge faces one of the most crucial and difficult decisions – sentencing a defendant unanimously found guilty by a peer jury.”
“The court is an impartial, fair, and non-political institution. If necessary, delaying decisions on motions and sentencing should eliminate any suggestion that the court will issue any decision or punishment to give an advantage or disadvantage to any political party and/or any candidate for office.”
Trump has faced the possibility of four criminal trials this year. The case in New York is the only one that has entered the trial stage. Legal experts estimate that Trump may face up to 4 years in prison for the highest count, but for such offenses, first-time offenders are unlikely to be imprisoned but may be fined or placed on probation.
There are approximately 60 days left until the U.S. election.
A spokesperson for Trump’s campaign team, Steven Cheung, emphasized in a statement that the case should not be sentenced at all and that, “according to the rulings of the U.S. Supreme Court,” Trump’s hush money case and other legal issues should be dismissed.
A spokesperson for the Manhattan District Attorney’s Office emphasized that the 12 New Yorkers on the jury “quickly and unanimously” found Trump guilty in the case.
“The Manhattan District Attorney’s Office is prepared for the new sentencing date determined by the court.” said the spokesperson.
The prosecutors did not oppose the extension, expressing willingness to heed the judge’s opinion. However, they also pointed out that canceling the scheduled sentencing date at the last minute caused security concerns.