New York Judge Juan Merchan delayed a Tuesday decision on whether President-elect Trump’s conviction can withstand the Supreme Court’s presidential immunity ruling, following his election victory last week.
Merchan was slated to rule Tuesday on whether Trump’s guilty verdict must be wiped under the Supreme Court’s presidential immunity decision, which was handed down after the trial.
The Hill reports that Judge Merchan agreed to freeze the case until Nov. 19, newly public court records show, enabling prosecutors to respond to Trump’s demand the case be dismissed entirely now that he is president-elect.
A jury found Trump guilty on all 34 counts of falsifying business records in the first degree in connection to payment made to porn star Stormy Daniels during the 2016 election.
Trump’s attorneys believe his election as president compels the dismissal of his criminal prosecutions.
“The stay, and dismissal, are necessary to avoid unconstitutional impediments to President Trump’s ability to govern,” Trump attorney Emil Bove wrote in an email to the judge.
Manhattan District Attorney Alvin Bragg’s (D) office agreed to delay the proceedings as they assess how to respond to Trump’s demand.
“The People agree that these are unprecedented circumstances and that the arguments raised by defense counsel in correspondence to the People on Friday require careful consideration,” prosecutor Matthew Colangelo wrote to the judge.
Trump's sentencing was originally scheduled for July 11th, but it was delayed until September 18. Merchan delayed the sentencing date again until after the Nov. 5 presidential election to avoid the appearance of attempting to influence the outcome.
Trump's sentencing is now scheduled for Nov. 26.
