Donald Trump hush money sentencing delayed to Nov. 26

MANHATTAN (CN) — A New York Judge on Friday agreed to postpone Donald Trump’s sentencing until after the November presidential election, ruling that such a delay would be necessary to “avoid any appearance — however unwarranted — that the proceeding has been affected by or seeks to affect” the election.

New York Supreme Court Justice Juan Merchan set the new scheduling date for Nov. 26 at 10 a.m., three weeks after the election. Now, voters will be unsure whether Trump, the Republican presidential nominee, will face prison for his state felonies until after they cast their ballots in November.

“This is not a decision this court makes lightly but it is the decision which, in this court’s view, best advances the interests of justice,” Merchan wrote in his four-page order.

The judge gave weight to the fact that prosecutors didn’t oppose a delay, and even suggested they expressed concerns that could support such an adjournment.

“The people certainly do not oppose, and a careful reading of their response can fairly be construed as a joinder of the motion,” Merchan wrote.

Prosecutors even gave Merchan several reasons why this delay would be appropriate, according to earlier filings. As such, Merchan noted that adjournments like this are “routinely granted … particularly when unopposed.”

In a statement to Courthouse News, a spokesperson for the Manhattan District Attorney’s Office said that prosecutors are prepared for Trump’s fresh sentencing date.

“A jury of 12 New Yorkers swiftly and unanimously convicted Donald Trump of 34 felony counts,” the spokesperson said. “The Manhattan DA’s Office stands ready for sentencing on the new date set by the court.”

Trump asked the court last month to reschedule his Manhattan sentencing, arguing that the initial Sept. 18 date could unduly influence the presidential election process since he would be sentenced after the start of early voting.

“By adjourning the sentencing until after that election … the court would reduce, even if not eliminate, issues regarding the integrity of any future proceedings,” Trump claimed in an Aug. 14 letter.

The former president said that he didn’t think a sentencing would be necessary at all, since he expects Merchan to vacate his conviction onnew presidential immunity grounds. Still, Trump argued that because Merchan wasn’t expected to rule on immunity until Sept. 16 — two days before his initial sentencing date — that he wouldn’t have enough time to seek out appellate options to a potentially adverse ruling on that issue.

Trump has since requested that Merchan delay ruling on the immunity motion as well, as Trump tests moving the hush money proceedings to federal court.

Merchan bowed to that ask, too, in his Friday order. He’ll now rule on Trump’s immunity argument on Nov. 12.

“The court is a fair, impartial and apolitical institution,” Merchan wrote Friday. “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 create a disadvantage for, any political party and/or any candidate for any office.”

Merchan acknowledged several times in his ruling that a sentencing might not be necessary at all, considering he could vacate the sentencing in his immunity decision.

But Trump remains more optimistic about his immunity chances than some experts. Former New York judge George Grasso told Courthouse News last month that he would be “stunned” if Trump’s presidential immunity argument is successful, since the crux of the case had to do with Trump’s behavior prior to becoming president.

The argument was successful enough to delay Trump’s sentencing once, however. He was supposed to be sentenced July 11, but after the U.S. Supreme Court issued its landmark ruling for broad presidential immunity, Merchan agreed to push the date back to Sept. 18 to allow Trump to argue against his conviction on those new immunity grounds.

A Manhattan jury in May convicted Trump on all 34 counts of falsifying business records, which were part of an illegal hush money scheme tied to his 2016 presidential run. The jurors found Trump ordered his then-lawyer Michael Cohen to pay adult film star Stormy Daniels $130,000 to keep her quiet about a tryst she had with Trump 10 years prior.

The jury found Trump then forged business records to repay Cohen, falsely labeling invoices, ledger entries and checks as payments for standard legal fees.

Trump is the first president in U.S. history to be convicted of a felony, and could face prison time for his crimes. He continues to deny any wrongdoing, or that he had sex with Daniels at all.

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