Judge delays Trump’s sentencing until after the election

New York (CNN) — Former President Donald Trump will not be sentenced in his New York criminal case until after the 2024 election, Judge Juan Merchan announced Friday, explaining that his decision to delay the sentencing is in part to avoid any appearance of affecting the outcome of the presidential race.

Merchan wrote in a new four-page letter that he would sentence Trump on November 26 – if necessary – in response to a request from Trump’s lawyers to push back the sentencing.

Trump was convicted in May on 34 counts of falsifying business records to cover up a hush money payment to an adult-film star alleging an affair with the former president. But Trump’s sentencing has been on hold for months after Trump’s lawyers have pushed to have the conviction tossed because of the Supreme Court’s ruling on presidential immunity.

Merchan noted the upcoming presidential election in his decision to delay sentencing, saying that part of his reason for doing so was to avoid the appearance that the sentencing was intended to influence the November election.

“Adjourning decision on the motion and sentencing, if such is required, should dispel any suggestion that the Court will have issued any decision or imposed sentence either to give an advantage to, or to create a disadvantage for, any political party and or any candidate for any office,” Merchan wrote.

In addition to pushing back the sentencing until November 26, Merchan wrote that he would decide on Trump’s motion to vacate the verdict because of the Supreme Court’s immunity decision on November 12, which is also after the election. Merchan wrote in his letter that the Supreme Court “rendered a historic and intervening decision” with its immunity ruling.

Trump campaign spokesperson Steven Cheung responded to the decision, saying, “There should be no sentencing in the Manhattan DA’s election interference witch hunt.”

“As mandated by the United States Supreme Court, this case, along with all the other Harris-Biden hoaxes, should be dismissed,” Cheung said.

A spokesperson for Manhattan District Attorney Alvin Bragg said in a statement: “A jury of 12 New Yorkers swiftly and unanimously convicted Donald Trump of 34 felony counts. The Manhattan D.A.’s Office stands ready for sentencing on the new date set by the court.”

The district attorney’s office did not oppose delaying Trump’s sentence, which Merchan cited in his decision Friday.

The decision to push back the sentencing until after the November 5 election marks yet another delay that’s been a fixture in all of Trump’s criminal cases since he was indicted four times – in New York, Florida, Washington, DC and Georgia – in 2023. The Florida classified documents case was dismissed by the judge in July – though the special counsel is appealing that decision – while the other two January 6-related cases are in limbo and won’t move forward before the election.

The only indictment that went to trial this year was the New York hush money case that ended in the May guilty verdict. Now the sentencing in that trial – with the question looming about whether a jail sentence will be imposed – won’t occur until after the election, if it happens at all.

Merchan acknowledged the historic nature of Trump’s hush money trial in his decision to push back the former president’s sentencing until after the election.

“This matter is one that stands alone, in a unique place in this Nation’s history, and this Court has presided over it since its inception – from arraignment to jury verdict and a plentitude of motions and other matters in-between. Were this Court to decide, after careful consideration of the Supreme Court’s decision in Trump, that this case should proceed, it will be faced with one of the most critical and difficult decisions a trial court judge faces – the sentencing of a defendant found guilty of crimes by a unanimous jury of his peers,” Merchan wrote.

“The members of this jury served diligently on this case, and their verdict must be respected and addressed in a manner that is not diluted by the enormity of the upcoming presidential election,” he continued. “Likewise, if one is necessary, the Defendant has the right to a sentencing hearing that respects and protects his constitutional rights.”

This is the second time that Merchan has pushed back sentencing in the case. Merchan delayed his initial July sentencing by two months after Trump’s lawyers asked Merchan to vacate the guilty verdict in light of the Supreme Court’s ruling on presidential immunity.

Last week, Trump sought to move the state case into federal court, citing the Supreme Court’s decision this summer on presidential immunity, but a federal judge quickly denied the request day slater without considering further arguments from Trump or the Manhattan District Attorney. Trump’s lawyers are appealing that ruling.

After filing that federal petition, Trump’s legal team also asked Merchan to let that litigation play out in federal court and refrain from issuing a decision over presidential immunity. Merchan noted the attempts to move the case to federal court in his letter Friday.

Trump’s lawyers have argued that the indictment should be dismissed or at least his conviction should be vacated because the Supreme Court’s ruling on presidential immunity means that certain evidence from the trial, such as the testimony of former White House aide Hope Hicks and tweets Trump sent while in office, should not have come before the jury.

Prosecutors have responded the conviction should stand and that the evidence presented at trial was “overwhelming.”

Merchan had said he would rule on the immunity question on September 16. He had planned to sentence Trump, if necessary, two days later.

But Trump’s lawyers asked Merchan to push that date back until after the election, arguing in part that they wouldn’t have enough time to appeal the judge’s decision. Prosecutors wrote in response that they would defer to Merchan on the scheduling.

The delay means that Trump’s criminal conviction – which dominated both Trump’s time and the news cycle during the spring – won’t return to the forefront of the presidential campaign during the final weeks of the race. It also could mean that the election will not interfere with any sentence that Merchan might impose.

Trump could be sentenced to as much as four years of prison time, but Merchan is not required to sentence Trump to prison, and he could choose to impose a lesser sentence, such as probation, home confinement, community service or a fine.

This story is breaking and will be updated.

CNN’s Paula Reid contributed to this report.

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