A New York judge delayed plans Tuesday to decide whether President-elect Trump’s conviction can withstand the Supreme Court’s presidential immunity ruling, following his election victory last week.
Judge Juan Merchan agreed to freeze the case until Nov. 19, newly public court records show, enabling prosecutors to respond to Trump’s demand the case be dismissed entirely now that he is president-elect.
Trump’s sentencing, which would be the first of any former president, is scheduled for Nov. 26. He was convicted on 34 felony counts of falsifying business records in connection with a hush money payment made to porn actor Stormy Daniels ahead of the 2016 election to conceal an affair, which he denies.
Trump’s attorneys believe his election as president compels the dismissal of his criminal prosecutions.
“The stay, and dismissal, are necessary to avoid unconstitutional impediments to President Trump’s ability to govern,” Trump attorney Emil Bove wrote in an email to the judge.
Manhattan District Attorney Alvin Bragg’s (D) office agreed to delay the proceedings as they assess how to respond to Trump’s demand.
“The People agree that these are unprecedented circumstances and that the arguments raised by defense counsel in correspondence to the People on Friday require careful consideration,” prosecutor Matthew Colangelo wrote to the judge.
Merchan was slated to rule Tuesday on whether Trump’s guilty verdict must be wiped under the Supreme Court’s presidential immunity decision, which was handed down after the trial.
The high court held that former presidents enjoy absolute immunity from criminal prosecution for exercising core constitutional powers and at least presumptive immunity for other official acts. Unofficial conduct can be prosecuted, but the jury cannot question the motivation behind a presidential decision, the court said.
Trump’s attorneys said prosecutors with the district attorney’s office showed jurors evidence during his seven-week trial that was protected by the justices’ ruling, which the state rejected.
Updated 10:21 a.m.
