A New York judge will decide Tuesday whether to throw out Donald Trump’s conviction in his criminal hush money case based on the Supreme Court’s decision on presidential immunity earlier this year.
The President-elect faces up to four years in prison after he was found guilty on all 34 counts of falsifying business records in order to cover off payments to porn star Stormy Daniels ahead of the 2016 election.
The US Supreme Court ruled 6-3 in July that former president Trump enjoys absolute immunity from prosecution for “official acts” during his presidency.
The nation’s top court left it up to lower courts to sort out what constitutes an “official act” by a sitting president.
Manhattan Supreme Court Justice Juan Merchan had delayed sentencing by more than four months to come after the election.
If the conviction is upheld, Trump is scheduled to be sentenced on Nov. 26 — less than two months before his inauguration.
