Mon | Sep 16, 2024

Judge delays Donald Trump’s sentencing in his hush money case until after election

Published:Friday | September 6, 2024 | 1:40 PM
Republican presidential nominee former President Donald Trump speaks during a news conference held at Trump Tower, Friday, September 6, 2024. (AP Photo/Stefan Jeremiah)

NEW YORK (AP) — A judge agreed Friday to postpone Donald Trump's sentencing in his hush money case until after the November election, granting him a hard-won reprieve as he navigates the aftermath of his criminal conviction and the homestretch of his presidential campaign.

Manhattan Judge Juan M. Merchan, who is also weighing a defence request to overturn the verdict on immunity grounds, delayed Trump's sentencing until November 26, three weeks after the final votes are cast in the presidential election.

It had been scheduled for September 18, about seven weeks before Election Day. The new date is the Tuesday before Thanksgiving.

Merchan wrote that he was postponing the sentencing “to avoid any appearance — however unwarranted — that the proceeding has been affected by or seeks to affect the approaching presidential election in which the Defendant is a candidate.”

“The Court is a fair, impartial, and apolitical institution,” he added, writing that his decision “should dispel any suggestion” otherwise.

Trump's lawyers pushed for the delay on multiple fronts, petitioning the judge and asking a federal court to intervene. They argued that punishing the former president and current Republican nominee in the thick of his campaign to retake the White House would amount to election interference.

Trump's lawyers argued that delaying his sentencing until after the election would also allow him time to weigh next steps after Merchan rules on the defence's request to reverse his conviction and dismiss the case because of the US Supreme Court's July presidential immunity ruling.

In his order Friday, Merchan delayed a decision on that until November 12.

A federal judge on Tuesday rejected Trump's request to have the US District Court in Manhattan seize the case from Merchan's state court. Had they been successful, Trump's lawyers said they would have then sought to have the verdict overturned and the case dismissed on immunity grounds. Trump is appealing the federal court decision and asked the 2nd US Circuit Court of Appeals to halt postconviction proceedings. That court has not yet ruled.

Merchan's decision continued a string of good legal fortune for Trump in the last two months. A federal case in Florida charging him with illegally hoarding classified documents was dismissed in July, while the Supreme Court's immunity decision will ensure significant delays in a separate federal case in Washington, DC, accusing him of trying to overturn his 2020 election loss.

“There should be no sentencing in the Manhattan DA's Election Interference Witch Hunt,” Trump campaign spokesperson Steven Cheung said in a statement after Merchan ruled. He said all cases against Trump should be dismissed because of the Supreme Court's decision.

A message seeking comment was left for the Manhattan district attorney's office, which prosecuted Trump's case. That office hadn't taken a position on the defence's delay request, deferring to Merchan.

Election Day is November 5, but many states allow voters to cast ballots early, with some set to start the process just a few days before or after the date September 18.

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