Judge delays Trump鈥檚 hush-money sentencing until after November election
The historic sentencing of former President Donald Trump will not take place before voters decide if he should return to the White House.
A New York state judge was supposed to sentence Mr. Trump in two weeks, following his conviction in May on 34 counts of falsifying business records. But in a four-page on Friday, Judge Juan Merchan adjourned the sentencing until late November.
The prosecutor in the case, Manhattan District Attorney Alvin Bragg, did not oppose the adjournment, according to the order. Mr. Trump also has a pair of pending motions in the case that could see his conviction 鈥� the first ever conviction of a former president 鈥� called into question.
Ultimately, the delay offers Mr. Trump a degree of legal reprieve as he enters the final stretch of the presidential campaign. While his convictions in the New York case will remain on record through Election Day, voters will go to the polls without having seen a judge publicly reprimand him for his crimes.聽
An 鈥渋mpartial鈥� court
Throughout proceedings in this case, Judge Merchan has made clear his intention to treat Mr. Trump like any other defendant in his courtroom. His order on Friday, however, acknowledged the weight of sentencing a former president and a current presidential candidate within 50 days of a presidential election.
鈥淭his matter is one that stands alone, in a unique place in this Nation鈥檚 history,鈥� he wrote in the order.
鈥淭he Court is a fair, impartial, and apolitical institution,鈥� he added, and postponing sentencing聽鈥渋f [it鈥檚] required, should dispel any suggestion鈥� to the contrary.
The delay illustrates the growing challenge 鈥� present in all of Mr. Trump鈥檚 criminal cases, and sharpened by the looming election 鈥� of whether the justice system can, or should, treat him as it would any other criminal defendant.
In his order, Judge Merchan appears to be doing both. While noting that the case is 鈥渦nique,鈥� he also wrote that defendants 鈥渞outinely鈥� have their sentencing adjourned. 鈥淭here is no reason this defendant should be treated any differently than any other,鈥� he added.聽
A holding pattern
Mr. Trump鈥檚 sentencing is now scheduled for November 26th. While it will never be known if a September sentencing would have affected his bid for the White House, he will be hoping that sentencing never happens at all.
The week after Election Day, Judge Merchan will decide if Mr. Trump鈥檚 conviction should be vacated in light of the U.S. Supreme Court decision in July that former presidents have broad criminal immunity for crimes they allegedly committed in office. Mr. Trump is also seeking to remove the case to federal court.
In with Fox News after the order came out, Mr. Trump said the case 鈥渟hould never have been brought.鈥�
鈥淚 greatly respect the words 鈥榠f necessary鈥� being used in this decision because there should be no, 鈥榠f necessary,鈥欌�� he added. 鈥淭he case should be dead.鈥�
Instead, the case is now in a holding pattern, and the Manhattan court will have little sway over the 2024 election 鈥� if indeed it was going to have any sway at all.
Judge Merchan 鈥渄oesn鈥檛 want to give the appearance that he鈥檚 intentionally trying to influence the outcome of the election,鈥� says Matthew Galuzzo, a criminal defense lawyer in Manhattan and a former prosecutor in the New York County District Attorney鈥檚 Office.
But, he adds, 鈥淚鈥檓 a little skeptical people are waiting to see what the sentence is before they decide who to vote for.鈥�
