Donald Trump has secured yet another delay in the sentencing of his New York criminal “hush money” case.
Trump wins another delay in New York case as the court postpones decisions until 19 November to consider the historic implications of his re-election.
Initially, Tuesday’s hearing was set to determine whether to proceed with Trump’s sentencing or potentially throw out his conviction on 34 felony counts. Both prosecutors and Trump’s legal team persuaded the judge that they needed more time to assess these “unprecedented circumstances” before moving forward with sentencing.
Back in May, a New York jury found Trump guilty of falsifying business records. The conviction relates to Trump’s efforts to cover reimbursements made to his former attorney, Michael Cohen, who, in 2016, paid an adult film actress to remain silent about an alleged encounter with Trump.
Trump’s team is arguing for the case to be dismissed altogether. “The stay, and dismissal, are necessary to avoid unconstitutional impediments to President Trump’s ability to govern,” wrote Trump’s attorney, Emil Bove, in a court filing.
Should Justice Juan Merchan, who presides over the case, side with Trump, it would effectively clear Trump’s slate of criminal troubles. However, if the judge upholds the conviction, he may move forward with sentencing before Trump’s scheduled inauguration on 20 January, which could trigger further delay attempts from Trump’s legal team and set up an unprecedented challenge for the American justice system.
The sentencing, initially postponed until after the November election, was rescheduled for late November. That date now remains uncertain after Justice Merchan granted a temporary hold on court deadlines until 19 November.
Trump’s lawyers argue that a recent Supreme Court ruling, which grants presidents some immunity from criminal prosecution, should apply to aspects of his New York case, potentially nullifying the indictment and conviction.
During the trial, Justice Merchan rejected attempts by Trump’s lawyers to dismiss the case based on immunity. However, that was before this summer’s Supreme Court ruling in Trump’s favor, and before his decisive re-election victory this month.
Justice Merchan had initially set a deadline for Tuesday to decide on Trump’s request. If he dismisses the conviction, it would bring an end to Trump’s New York case.
Trump’s imminent return to the White House has already effectively halted two federal criminal cases against him. A separate state case in Georgia, alleging Trump conspired to interfere in the 2020 election, will also be put on hold until after his second term concludes—if it’s still active by then.
An Unprecedented Sentencing – With Jail Unlikely Even if Justice Merchan upholds the conviction and schedules sentencing, Trump’s legal team is almost certain to seek further delays and file appeals. Given the demands of Trump’s presidential transition, and the complexities surrounding sentencing a president, many legal experts see minimal chance that sentencing will proceed as scheduled.
“I think the most likely outcome in the state case is the judge putting off sentencing until after Trump’s term in office,” said Daniel Charles Richman, a professor at Columbia Law School. “To actually impose a sentence would raise any number of immediate complications, including political ones,” he noted.
Should Trump appear in a Manhattan courtroom before taking office, the decision on his fate would still be an unprecedented legal challenge. Under the law, Trump could face fines, probation, or up to four years in prison, but many of these options are complicated by his re-election.
“Sentencing a sitting president may be one of the most complex and fraught sentencing decisions possible,” said Anna Cominsky, a professor at New York Law School. “It’s hard to imagine a sentence that wouldn’t interfere with a president’s duties or compromise their security.”
Few expect Justice Merchan to impose a prison sentence at this stage, and Trump’s team would likely appeal if he did. “He’s a 78-year-old man with no criminal history, convicted of a non-violent felony,” said retired New York Supreme Court Justice Diane Kiesel. “I don’t think a judge would give anyone with those factors a prison sentence.”
Trump could walk away from sentencing with little more than a slap on the wrist. Justice Merchan could require him to pay a small fine in the range of a few thousand dollars, or even issue an unconditional discharge—a simple “goodbye,” as Justice Kiesel put it.
No Pardon Power Here One thing is clear: Trump cannot undo this conviction on his own. While he has considered pardoning himself from federal charges, once he takes office, he cannot do so in this case, as it involves state, not federal, law.
For now, Trump’s fate lies with the court. However, regardless of the decision, he is likely to avoid the harshest potential penalties.
“He is a very lucky man,” said Justice Kiesel.
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