Topline
The Manhattan District Attorney’s office won’t oppose former President Donald Trump’s request to delay his upcoming sentencing in his Manhattan criminal case, prosecutors said in a letter Monday, potentially punting the ex-president’s sentencing until after the election as he appeals an upcoming ruling over whether the verdict against him should be thrown out.
Former President Donald Trump sits in the courtroom for his trial at Manhattan Criminal Court on May … [+]
Key Facts
Trump has asked for the sentencing in his criminal case, now scheduled for September 18, to be postponed until after the November election, arguing he should have time to appeal a ruling set to come out on September 16 over whether the verdict against him should be dismissed.
Judge Juan Merchan is expected to rule on September 16 on the issue of the verdict, in light of the recent Supreme Court decision giving Trump some immunity from criminal charges, as the ex-president has argued the verdict should be thrown out as a result, because it means some of the evidence used at his trial should not have been admitted.
Prosecutors said in a letter to Merchan Monday they’ll defer to the court on whether to delay Trump’s sentencing, conceding there are logistics about the immunity ruling that still have to be clarified and saying they’re “prepared to appear for sentencing on any future date the Court sets.”
Trump also argued postponing the sentencing would play into “naked election-interference objectives” and repeated claims that Merchan is biased because his daughter does work for Vice President Kamala Harris.
The DA’s office opposed those arguments, writing Trump’s legal arguments beyond the immunity dispute appeal don’t “merit any consideration” and calling claims related to Merchan’s daughter “bizarre.”
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What To Watch For
It’s unclear when Merchan could rule on Trump’s request to delay the sentencing, and how long any appeals process over the immunity issue could take to play out if he does postpone it. The judge has already delayed the sentencing once before, as it was originally supposed to take place in July, but Merchan pushed the date back so the immunity issue could be litigated first. Trump has been convicted on 34 felony convictions for falsifying business records, which could result in prison time if Merchan so chooses. Legal experts believe it’s unlikely, but not out of the question, that Trump will be sentenced to prison time as a first-time offender.
Tangent
Trump’s request to delay the sentencing comes soon after Merchan ruled last week against a separate request from the ex-president for the judge to remove himself from the case over his daughter’s work. Merchan ruled he would not recuse himself, writing, “Innuendo and mischaracterizations do not a conflict create.” The dispute marked the third time Trump had unsuccessfully tried to have the judge removed from the case.
Surprising Fact
Trump can’t get out of his felony conviction in Manhattan if he wins the presidential election, as it is based on state charges and thus wouldn’t be eligible for any kind of presidential pardon. It is possible Trump could ask the court to postpone any punishments against him until after he leaves office, however.
Key Background
Trump was convicted by a jury on 34 felony counts in May following a weekslong trial. He was indicted based on a hush money payment ex-attorney Michael Cohen made to adult film star Stormy Daniels ahead of the 2016 election, which Trump then reimbursed through a series of checks paid throughout 2017. Prosecutors argued those checks were falsely labeled as being for legal services, which Trump opposed but jurors ultimately agreed with. The case was the first of Trump’s criminal cases to go to trial, and his effort to postpone the sentencing comes as the ex-president has successfully delayed his other cases from going to trial before the election. (One case, for allegedly mishandling White House documents, has been dismissed, but prosecutors are appealing the dismissal.) The Supreme Court ruled largely in Trump’s favor in July, giving him and other ex-presidents immunity from criminal charges based on any “official acts” undertaken while in office. That includes prohibiting using any evidence related to official acts at trial, even if the charges at issue during a trial aren’t based on official acts.
