According to NBC News, the Manhattan district attorney's office has chosen to leave the decision on former President Donald Trump's request to delay his sentencing to the judge overseeing the case.
The determination is now in the hands of New York state Judge Juan Merchan, who will rule on September 16 on Trump's motion to overturn his May conviction.
Prosecutors from the Manhattan district attorney's office have opted not to take a position on the timing of Trump’s sentencing, which is currently scheduled for September 18. This delay request comes after Trump's legal team argued that more time is needed following a recent U.S. Supreme Court decision regarding presidential immunity.
Trump's May conviction stems from 34 counts of falsifying business records related to a hush money payment made to adult film actress Stormy Daniels during the 2016 presidential campaign. His lawyers are now pushing for the conviction to be overturned, arguing that the Supreme Court's ruling on presidential immunity should lead to a reassessment of the evidence presented at trial.
The Supreme Court decision did not directly address the evidentiary issues Trump’s lawyers are raising. However, Trump’s legal team claims that evidence, including testimony from former White House aide Hope Hicks, should have been excluded under the new interpretation of immunity. They assert that the timeline for appeal is too short, labeling the period between the September 16 ruling and the scheduled sentencing as "unreasonably short."
Prosecutors, however, maintain that the Supreme Court's decision does not impact the evidence related to Trump’s personal conduct. They argue that the delay requested by Trump focuses on evidentiary issues, not on any form of immunity from prosecution.
Judge Juan Merchan, who presided over the trial resulting in Trump's conviction, is expected to make a pivotal ruling on September 16. This ruling will address Trump's motion to overturn his conviction based on the Supreme Court's decision. If Merchan sides with Trump's legal team, it could potentially lead to the dismissal of the charges or a significant delay in sentencing.
Trump's sentencing was originally scheduled for July 11 but was postponed at his request to September 18. The upcoming ruling by Judge Merchan could again shift this timeline, especially if Trump pursues appellate intervention following the September 16 decision.
Prosecutors have highlighted the complications involved in preparing for sentencing, noting the cost and potential futility if Trump’s conviction is overturned or further delayed. They also referenced recent threats and an assassination attempt as factors contributing to the complexity of this high-profile case.
A delay in sentencing would be a significant win for Trump, as it would alleviate immediate concerns about facing multiple criminal trials this year. Trump is already contending with several legal challenges, including a classified documents case in Florida, a federal election interference trial, and an election interference case in Georgia, the latter of which has been postponed to at least December.
Trump’s legal strategy hinges on the argument that the Supreme Court’s ruling on presidential immunity should influence his New York case. Prosecutors, on the other hand, argue that the ruling does not apply to the specific evidentiary issues raised by Trump’s defense team.
With Judge Merchan’s ruling set for September 16, the outcome will determine whether Trump will be sentenced as planned on September 18 or if the process will be further delayed. Trump's lawyers continue to press for more time, arguing that the current timeline does not allow for a fair appeal process.
Prosecutors in the Manhattan district attorney's office are deferring to Judge Juan Merchan regarding former President Donald Trump's request to delay his sentencing for falsifying business records until after the election. This decision stems from Trump's lawyers arguing that they need more time to pursue an appeal if the judge denies Trump's motion to dismiss the conviction, which was influenced by a recent U.S. Supreme Court decision on presidential immunity. The sentencing is currently scheduled for September 18, just two days after the judge is set to rule on Trump’s motion.
