Judge Juan Merchan agrees to push back sentencing in Trump's New York criminal case
A New York jury made headlines earlier this year when it convicted President-elect Donald Trump on 34 felony counts of falsifying business records.
While Trump's sentencing was supposed to take place later this month, the judge presiding over his case has agreed to reschedule it.
Both defense and prosecution asks for sentencing date to be pushed back
As United Press International (UPI) reported, Judge Juan Merchan announced on Tuesday that Trump's sentencing hearing will be pushed back from its current date of November 26.
That decision came in response to motions put forward by the president-elect's defense team as well as Manhattan District Attorney Alvin Bragg's office.
Trump's sentencing hearing was originally set to unfold on September 18, but Merchan agreed that it should take place after this year's election.
Meanwhile, CNN noted that Trump lawyer Emil Bove submitted a letter to Merchan this week which asked that the president-elect's verdict be put aside.
Trump's defense team points to Supreme Court ruling on presidential immunity
"The stay, and dismissal, are necessary to avoid unconstitutional impediments to President Trump’s ability to govern," Bove wrote.
A decision on whether to overturn Trump's New York hush money conviction has been delayed https://t.co/cUIGyGlZKq
— CNN (@CNN) November 12, 2024
In support of their contention, Trump's lawyers pointed to a decision reached by the Supreme Court earlier this year which found that presidents enjoy a presumption of criminal immunity for official acts.
Specifically, the defense maintained that prosecutors made use of evidence which related to official acts undertaken by Trump during his time in office.
"Much of the unconstitutional official-acts evidence concerned actions taken pursuant to 'core' Executive power for which 'absolute' immunity applies," they wrote.
Former prosecutor doubts that Trump will be sent to jail
UPI observed that Merchan gave himself a date of November 19 to decide when Trump should be sentenced or if the case should proceed at all.
David S. Weinstein is Miami-based lawyer who formerly served as a federal prosecutor in the Southern District of Florida, and he spoke with UPI about what Trump's sentence might look like.
"While the former and future president is facing jail time, we're not talking about years. We’re talking about months or weeks," Weinstein pointed.
"If anything it would be a long probationary sentence, house arrest or home confinement," the attorney predicted before adding, "The sentence is likely to be suspended as that case winds its way through the appellate court system."
