New York Judge Juan Merchan indefinitely postponed president-elect Donald Trump’s sentencing in his hush-money case Friday following a joint motion from prosecutors and Trump’s defense team. Sentencing was scheduled for November 26, after the US presidential election, but Trump’s victory has thrown the four criminal cases against him into uncharted territory.
Merchan’s order also allowed Trump’s lawyers the right to file a motion to dismiss the case entirely. For the motion to be granted, Trump’s team would have to convince Merchan of “the existence of some compelling factor, consideration or circumstance clearly demonstrating that conviction or prosecution of the defendant upon such indictment or count would constitute or result in injustice.”
Trump lawyer Todd Blanche argued that “[c]ontinuing with this case would be ‘uniquely destabilizing'” to the presidential transition process, claiming that failure to halt the case would violate the US Constitution, the federal Presidential Transition Act of 1963, and the “interests of justice.” The Presidential Transition Act mandates that “all officers of the Government … take appropriate lawful steps to avoid or minimize disruption that might be occasioned by the transfer of the executive power,” Blanche pointed out.
The defense’s motion will be due December 2 while the prosecutors’ reply is due December 9. Manhattan District Attorney Alvin Bragg has already announced that he will contest the defense’s dismissal request.
Prosecutors noted their lack of opposition to the sentencing stay in a November 19 letter to Merchan, saying that consideration of Trump’s motion to dismiss would allow courts to determine whether Trump is immune from prosecution over his conduct.
Last week, the US Court of Appeals for the Eleventh Circuit agreed to pause an appeal to reinstate Special Prosecutor Jack Smith’s classified documents retention case against Trump. Following the November 5 election, Smith asked for the court to “afford the Government time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy.”
Earlier, Judge Tanya Chutkan cleared the pretrial schedule in Trump’s federal election interference case on November 8 due to his election as president.
Trump was found guilty of 34 felony counts of falsifying business records by a Manhattan jury in May over concealing hush money payments made to adult film actress Stormy Daniels.