A New York judge has pushed back a decision on whether to dismiss President-elect Donald Trump’s hush money case now that he is set for his second presidential term.
Judge Juan Merchan has set a date of November 19 to consider whether the case against Trump should be dismissed because of presidential immunity, which was defined by the Supreme Court earlier this year. The delay will give prosecutors time to respond to the Trump team’s argument that the case against the president-elect should be dismissed, according to The Hill.
“The stay, and dismissal, are necessary to avoid unconstitutional impediments to President Trump’s ability to govern,” Trump attorney Emil Bove said in an email to Merchan.
The Trump team found some common ground with Manhattan District Attorney Alvin Bragg’s office, which said that the arguments raised in light of the election “require careful consideration.”
“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 to ensure that any further steps in this proceeding appropriately balance the competing interests of (1) a jury verdict of guilt following trial that has the presumption of regularity; and (2) the Office of the President,” prosecutor Matthew Colangelo wrote to Merchan, according to NBC News.
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“Accordingly, the People respectfully request that the Court adjourn the upcoming scheduled dates to afford the People time to assess these recent developments, and set November 19. 2024 as a deadline for the People to advise the Court regarding our view of appropriate steps,” he added.
Trump’s sentencing in the case has been scheduled for November 26. Trump was convicted on 34 counts of falsifying business records in relation to a hush money payment made to Stephanie Clifford, better known by her stage name, Stormy Daniels, for her career in pornography.
The Supreme Court ruled in May that presidents are immune from prosecution in cases involving official acts that are part of a president’s “core constitutional powers.” Presidential immunity may not apply in cases outside of that, however.
“The president enjoys no immunity for his unofficial acts, and not everything the president does is official. The president is not above the law,” Supreme Court Chief Justice John Roberts wrote in the decision. “But Congress may not criminalize the president’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution.”
