Judge delays Trump’s sentencing until after the election

 

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(NEWS UPDATE  USA FAST)--- Former President Donald Trump will not be sentenced in his New York criminal case until after the 2024 election, Judge Juan Merchan announced Friday, explaining his decision to delay the sentencing in part is to avoid the appearance of affecting the outcome of the presidential race.

In a new, four-page letter, Merchan writes that he will sentence Trump on November 26th-if necessary-after a request by Trump's lawyers to delay sentencing.

Trump was convicted in May on 34 counts of falsifying business records to cover up a hush money payment to an adult-film star alleging an affair with the former president. But Trump's sentencing has been on hold for months after Trump's lawyers pushed to have the conviction tossed because of the Supreme Court's ruling on presidential immunity.

Merchan also referenced the then still-pending presidential election in his ordering a delay of sentencing, part of his reasoning to avoid even the appearance the sentencing was intended to "affect the November election.".

"Adjournment of decision on the motion and sentencing, if such is required should dispel any suggestion that the Court will have issued any decision or imposed sentence either to give an advantage to, or to create a disadvantage for, any political party and or any candidate for any office," Merchan wrote.

Trump welcomed the phrasing Merchan used in delaying his sentencing, noting it will begin only "if necessary."

"I highly appreciate the words in the letter today from the judge. He said 'if necessary, being used in the decision, because there should be no 'if necessary.' This case should rightfully be dismissed right now," Trump said in remarks to the Fraternal Order of Police in North Carolina. The former president also falsely claimed the sentencing was "delayed" because he "did nothing wrong."

Besides pushing back sentencing until November 26, Merchan said that he would take up Trump's motion to vacate the verdict in light of the Supreme Court's immunity decision on November 12, also after the election. "The Supreme Court has rendered a historic and intervening decision," Merchan wrote in his letter.

Trump campaign spokesman Steven Cheung issued this statement on behalf of the former president after the sentencing decision: "There should be no sentencing in the Manhattan DA's election interference witch hunt."

"As the United States Supreme Court has dictated, this case, along with all the other Harris-Biden hoaxes, should be dismissed," Cheung added.

A jury of 12 New Yorkers swiftly and unanimously convicted Donald Trump of 34 felony counts, the spokesperson for Manhattan District Attorney Alvin Bragg said in a statement. "The Manhattan D.A.'s Office stands ready for sentencing on the new date set by the court."

The district attorney's office did not oppose delaying Trump's sentence, Merchan cited in his decision Friday.

The delay in sentencing until after the November 5 election is just the latest in a string of setbacks that have dogged all of Trump's criminal cases since he was indicted four times-in New York, Florida, Washington, DC and Georgia-in 2023. The judge dismissed the Florida classified documents case in July-though the special counsel is appealing that decision-while the other two January 6-related cases are in limbo and won't move forward before the election.

The only indictment to go to trial this year was the New York hush money case that ended in the May guilty verdict. Now the sentencing in that trial – with the question looming about whether a jail sentence will be imposed – won't be until after the election, if it happens at all.

Merchan said, because of the historic nature of the trial of Trump's hush money. "This matter is one that stands alone, in a unique place in this Nation's history, and this Court has presided over it since its inception-from arraignment to jury verdict and a plenitude of motions and other matters in-between.". Were this Court to decide, after careful consideration of the Supreme Court's decision in Trump, that this case should proceed, it will be faced with one of the most critical and difficult decisions a trial court judge faces - the sentencing of a defendant found guilty of crimes by a unanimous jury of his peers," Merchan wrote.

The members of this jury served diligently on this case, and their verdict must be respected and addressed in a manner that is not diluted by the enormity of the upcoming presidential election," he said. "Similarly, if one is necessary, the Defendant has the right to a sentencing hearing that respects and protects his constitutional rights.

It's the second time Merchan has pushed back sentencing in the case. Merchan delayed his initial July sentencing by two months after Trump's lawyers asked him to vacate the guilty verdict in light of the Supreme Court's ruling on presidential immunity.

Last week, Trump tried to transfer the state case to federal court, invoking the Supreme Court's ruling this summer on presidential immunity, but within days a federal judge rejected the request without taking further argument from Trump or Manhattan DA. An appeal of that ruling is pending by the attorneys for Trump.

Following that federal petition, Trump's attorneys also asked Merchan to stay that federal litigation and not to rule on the presidential immunity matter. Merchan in his Friday letter noted attempts to move the case into federal court.

Trump's lawyers have argued the indictment should be dismissed, or at a minimum his conviction must be vacated, because the Supreme Court's ruling on presidential immunity means certain evidence presented at trial - including the testimony of ex-White House aide Hope Hicks and tweets Trump sent while in office - should not have gone before the jury.

Prosecutors, in turn, have written that the conviction should stand and that evidence presented during the trial was "overwhelming."

 

Merchan had indicated he would rule on the immunity question on Sept. 16. He had intended, if necessary, to sentence Trump two days later.

But Trump's lawyers asked Merchan to push that date back until after the election, arguing in part that they wouldn't have enough time to appeal the judge's decision. Prosecutors wrote in response that they would defer to Merchan on the scheduling.

The delay means that Trump's criminal conviction-which dominated both Trump's time and the news cycle during the spring-won't return to the forefront of the presidential campaign during the final weeks of the race. It also could mean that the election won't interfere with any sentence that Merchan might impose.

Trump could face up to four years in prison, but Merchan is not obligated to sentence Trump to prison and may opt for less-severe options, including probation, home confinement, community service or a fine.