NEW YORK, Sep 07 : A New York judge has delayed former US President Donald Trump’s sentencing date in his criminal case for a second time, until after the Nov. 5 election, a significant victory for Trump as he seeks to overturn his conviction in what is known as “hush-money” case and win back the White House.
Trump, the Republican nominee for president, had previously been scheduled to be sentenced on Sept. 18. His lawyers in August asked Justice Juan Merchan to push back his sentencing date until after the vote, citing “naked election-interference objectives.” Manhattan District Attorney Alvin Bragg, who brought the charges against Trump, is a Democrat.
Justice Juan Merchan issued an order on Friday delaying sentencing until Nov. 26.
Merchan wrote that he made the decision “to avoid any appearance — however unwarranted — that the proceeding has been affected by or seeks to affect the approaching Presidential election in which the Defendant is a candidate.”
“The Court is a fair, impartial, and apolitical institution,” he continued, adding that the postponement “should dispel any suggestion that the Court will have issued any decision or imposed sentence either to give an advantage to, or to create a disadvantage for, any political party and or any candidate for any office.”
Trump was convicted in May by a unanimous jury on 34 felony counts of falsifying business records. Prosecutors said Trump signed off on a scheme to hide reimbursements to a lawyer who wired a $130,000 “hush money” payment to adult film star Stormy Daniels days before the 2016 presidential election. Trump denied the encounter and pleaded not guilty.
In a post on his Truth Social platform, Trump said he appreciated that Merchan noted the sentencing would only take place if the judge denies a pending motion by his lawyers to toss out the jury’s verdict.
“This case should be rightfully terminated, as we prepare for the Most Important Election in the History of our Country,” Trump wrote.
On the other hand, A spokesperson for District Attorney Bragg said, “The Manhattan D.A.’s Office stands ready for sentencing on the new date set by the court.”
In his four-page ruling, Merchan wrote that he would rule Trump’s request to overturn the conviction due to the U.S. Supreme Court’s landmark decision on presidential immunity on Nov. 12.
He had previously planned to rule on Sept. 16.
The Supreme Court’s 6-3 ruling, which related to a separate criminal case Trump faces, found that presidents cannot be criminally prosecuted for their official acts, and that evidence of presidents’ official actions cannot be used to help prove criminal cases involving unofficial actions.
Prosecutors with Bragg’s office argued their case involved Trump’s personal conduct, not official acts, so there was no reason to overturn the verdict.
But they took no position on Trump’s request to delay sentencing, saying in an Aug. 16 filing they deferred to Merchan on the question. The prosecutors said an appellate court could delay the sentencing anyway to give itself time to consider Trump’s arguments, a move they said would be “disruptive.”
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