NEW YORK — The sentencing of Donald Trump, following his conviction on criminal charges related to hush money paid to an adult film actress, has been postponed until Sept. 18, a mere seven weeks before the U.S. election.
Judge Juan Merchan decided to delay the sentencing in order to consider Trump’s claim that he should have been immune from prosecution. This argument is based on a recent Supreme Court ruling that presidents cannot be criminally prosecuted for official acts.
This new schedule implies that Merchan could determine the punishment for the former Republican president, potentially including imprisonment, right in the middle of the campaign season leading up to the Nov. 5 election.
Originally, the sentencing was scheduled for July 11, just a few days before the Republican National Convention was set to begin in Milwaukee.
Trump’s chances of overturning the hush money conviction seem slim, as much of the behavior in question occurred before his presidency.
On Monday, Trump’s legal team requested that Merchan allow them to argue for the overturning of his conviction. This request was based on the Supreme Court’s 6-3 ruling, which also stated that evidence related to a president’s official actions cannot be used in criminal cases involving unofficial actions.
Manhattan District Attorney Alvin Bragg’s office responded to Trump’s argument on Tuesday, stating it was “without merit,” but agreed to the sentencing delay to allow Trump to present his case.
On May 30, a Manhattan jury found Trump guilty of falsifying business records to conceal a $130,000 payment made by his former lawyer, Michael Cohen, to adult film actress Stormy Daniels. This payment was allegedly made to keep Daniels quiet about a supposed 2006 sexual encounter until after the 2016 election, in which Trump defeated Hillary Clinton.
Prosecutors argue that this payment was part of an illegal scheme to influence the election outcome.
Trump, who denies having had a sexual encounter with Daniels, has pledged to appeal the conviction after his sentencing.
‘A purely personal matter’
In a letter to Judge Merchan, Trump’s defense lawyers argued that prosecutors had presented evidence related to Trump’s official acts as president, including his social media posts and conversations he had while in office.
“This official-acts evidence should never have been presented to the jury,” wrote defense lawyers Todd Blanche and Emil Bove.
Last year, Trump made a similar argument in an unsuccessful attempt to move the hush money case to federal court. U.S. District Judge Alvin Hellerstein, in his July 2023 denial of Trump’s request, stated that the payment to Daniels “was a purely personal matter.”
“Hush money paid to an adult film star is not related to a president’s official acts,” Hellerstein wrote.
Trump’s lawyers appealed Hellerstein’s decision, but later abandoned the effort.
In his written ruling, Merchan stated he would decide on Trump’s request to overturn the jury’s verdict by Sept. 6. If the judge decides to uphold the conviction, sentencing will follow less than two weeks later. Trump’s lawyers must submit their arguments by July 10, and prosecutors have until July 24 to respond.
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