Judge Postpones Trump's Sentencing in Hush Money Case Until After US Election

In a Friday report by CNN, Judge Juan Merchan said this is partly a reason to delay sentencing and avoid an appearance of influencing the outcome of the presidential race.

Former US President Donald Trump won't be sentenced in his New York criminal case until after the 2024 presidential election in November, media reported.

In a Friday report by CNN, Judge Juan Merchan said this is partly a reason to delay sentencing and avoid an appearance of influencing the outcome of the presidential race.

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Merchan wrote in a new four-page letter that he would sentence Trump on November 26 -- if necessary -- in response to a request from Trump's lawyers to push back the 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, CNN reported.

But sentencing for Trump has been on hold for months after attorneys for the former President pushed to have the conviction tossed in light of the Supreme Court's ruling on presidential immunity.

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Merchan cited the upcoming presidential election in his decision to delay sentencing, writing that in part his reason for doing so was to avoid the appearance that the sentencing was aimed at impacting the November election.

"Adjourning 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.

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Trump was pleased with how the language in Merchan's delay of sentence ruling was worded, pointing out it will only commence "if necessary".

"I highly appreciate the words in the letter today from the judge. He said 'if necessary', being utilised in the decision, because there should be no 'if necessary'. This case should rightfully be terminated immediately," Trump said during remarks to the Fraternal Order of Police in North Carolina.

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The former President also falsely said that the sentencing was "postponed" because he "did nothing wrong".

Aside from delaying the sentencing to November 26, Merchan wrote that he would also rule on the motion of Trump to vacate the verdict in view of the High Court's immunity decision on November 12, also after the election, CNN reported.

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Merchan said in his letter that the Supreme Court "rendered a historic and intervening decision" with its ruling on immunity.

Trump campaign spokesman Steven Cheung said, "There should be no sentencing in the Manhattan DA's election interference witch hunt."

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"As ordered by the US Supreme Court, this case, along with all the other Harris-Biden hoaxes, should be dismissed," Cheung said.

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

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

This latest delay, pending sentencing until after the November 5 election, represents but another in the string of delays that have marked each of Trump's criminal cases since he was indicted four times, in New York, Florida, Washington, DC and Georgia in 2023.

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The judge dismissed the Florida classified documents case in July -- though the special counsel is appealing that decision -- while the two other 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 occur until after the election, if it happens at all.

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Merchan, in his ruling, showed deference to the historic nature of Trump's hush money trial and punted the sentencing of the former President until after the election.

"This is a unique matter that stands in a place unto itself in the history of this Nation, and this Court has presided over it since its inception-from arraignment to jury verdict and a plentitude 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.

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"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.

"Likewise, if one is necessary, the Defendant has the right to a sentencing hearing that respects and protects his constitutional rights."

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It is the second time Merchan has moved sentencing in the case.

Merchan postponed Trump's first sentencing in July by two months after a motion from Trump's attorneys to Merchan seeking to have him vacate the guilty verdict based on the Supreme Court ruling on presidential immunity.

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Last week, Trump submitted paperwork to remove the state case to federal court, citing the high court's decision this summer on presidential immunity, but a federal judge quickly denied the request the following day without considering additional arguments from Trump or Manhattan District Attorney. Trump's attorneys are appealing that decision.

When that federal petition was filed, Trump's legal team also moved to have Merchan stand down and allow that litigation to play out in federal court, rather than issue a decision himself over the question of presidential immunity.

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Those attempts at moving the case to federal court were cited in Merchan's letter on Friday.

Trump's lawyers have maintained that the indictment should be dismissed or at least his conviction vacated, asserting that in light of the Supreme Court ruling on presidential immunity, some evidence presented at trial-including the testimony of former White House aide Hope Hicks and tweets that Trump sent while in office-should not have come before the jury.

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Prosecutors replied the conviction should stand and the evidence at trial was "overwhelming".

Merchan had indicated he would rule on the immunity question on September 16. He had scheduled sentencing for Trump, if necessary, two days later.

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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 the election will not interfere with any sentence that Merchan might impose.

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Trump is facing up to four years of potential prison time, but Merchan is not bound by any rule to imprison Trump-it can show leniency, and give a sentence that entails a period of probation, home confinement, community service or a fine.

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