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Judge Delays Trump's Hush Money Sentencing Until After Election

Tyler Durden's Photo
by Tyler Durden
Saturday, Sep 07, 2024 - 01:37 PM

The judge overseeing former President Donald Trump's Manhattan criminal case has postponed his sentencing for the second time. According to Reuters, the new sentencing date has been pushed to November 26, after the presidential election on November 5.

Trump's lawyers asked Judge Juan M. Merchan, who oversaw Trump's seven-week trial earlier this year, to postpone the September 18 sentencing. They argued there wouldn't be enough time for the defense to appeal Merchan's upcoming ruling on Trump's request to overturn the conviction, citing the US Supreme Court's landmark decision on presidential immunity.

Judge Juan Merchan wrote in the court filing:

"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.

"The adjournment request has now been decided in the same way this Court has decided every other issue that has arisen since the origination of this case, applying the facts and the law after carefully considering the issues and respective arguments of the parties to ensure that the integrity of the proceeding, is protected, justice is served, and the independence of this judiciary kept firmly intact." 

In May, Trump was convicted by a unanimous jury on 34 felony counts of falsifying business records. Prosecutors said Trump signed off on the scheme to conceal reimbursements to a lawyer who wired  $130,000 "hush money" payment to Stormy Daniels ahead of the 2016 presidential election. Trump pleaded not guilty and denied the encounter. 

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. 

Trump's original sentencing was set for July 11, but it was delayed after he filed a motion to overturn his conviction, citing a landmark Supreme Court ruling on presidential immunity. 

Trump attorneys Todd Blanche and Emil Bove's request for a postponement argued it would be inappropriate to sentence the former president this month since early voting in the presidential election has already begun.

"By adjourning the sentencing until after that election … the Court would reduce, even if not eliminate, issues regarding the integrity of any future proceedings," they wrote.

Down to the wire...  

Trump campaign spokesperson Steven Cheung told The Hill that there should be no sentencing at all in the case and that, "as mandated by the United States Supreme Court," Trump's hush money case and other legal matters should be dismissed.

Prosecutors did not oppose the delay, leaving the decision to the judge. They noted, "The People respectfully defer to the Court on the appropriate post-trial schedule." 

A Trump win in November indicates he could order the Department of Justice to drop federal election interference charges against him. However, he would not have the authority to end the case in Manhattan or an election interference case in Georgia. 

*Developing...  

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