The judge presiding over Donald Trump’s New York hush money case on Tuesday postponed a decision on whether charges against the president-elect should be dropped in light of the Supreme Court’s ruling on presidential immunity.
Judge Juan Merchan agreed to freeze the case until Nov. 19, giving prosecutors time to assess the “unprecedented circumstances” following Trump’s election victory last week, according to court documents.
Trump’s attorneys argued that “there are strong reasons” for a pause in proceedings and the “eventual dismissal of the case in the interests of justice,” citing the Presidential Transition Act, which ensures an orderly transfer of power, and the Supreme Court’s July ruling granting former presidents immunity from criminal prosecution for acts performed in office.
“The stay, and dismissal, are necessary to avoid unconstitutional impediments to President Trump’s ability to govern,” Trump’s defense team wrote in a letter to the judge.
Trump was convicted in May on 34 felony counts of falsifying business records to conceal a hush money payment to adult film actress Stormy Daniels ahead of the 2016 presidential election. The offense carries a maximum sentence of four years in prison, though lighter punishments such as fines and probation are more common.
Trump, who has denied any wrongdoing, was originally set to be sentenced on Sept. 18, just weeks before the presidential election. The judge agreed to push back the sentencing date until Nov. 26, but the hearing appears unlikely to proceed as scheduled in light of Tuesday’s postponement, Politico reported.
“At the request of the Manhattan DA, Judge Merchan has now stayed all previously scheduled deadlines, including sentencing in this case,” Trump campaign spokesman Steven Cheung said. “The American people have re-elected President Trump with an overwhelming mandate to Make America Great Again. It is now abundantly clear that Americans want an immediate end to the weaponization of our justice system, including this case, which should have never been filed, so we can, as President Trump said in his historic victory speech, unify our country and work together for the betterment of our nation.”
Many legal experts predict that Trump will not be sentenced since he won the election, according to Politico. “I think any reasonable judge wouldn’t sentence the president-elect,” said Jill Konviser, a retired New York judge.
