Oct 12, 2024

New York Judge Delays Trump's Sentencing in Hush Money Case Until After November Election

by LC Staff Writer | Sep 06, 2024
New York Judge Delays Trump's Sentencing in Hush Money Case Until After November Election Photo Source: Doug Mills/The New York Times

Donald Trump's sentencing, originally scheduled for September 18, was delayed by New York Supreme Court Justice Juan Merchan, who set a new date of November 26, 2024. In his ruling on Friday, Merchan emphasized the importance of maintaining the court's impartiality, stating that the delay is intended to prevent any unwarranted appearance that the sentencing might be politically motivated.

"The imposition of sentence will be adjourned 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," Merchan wrote in his decision.

The case stems from a payment of $130,000 made to adult film actress Stormy Daniels during Trump's 2016 presidential campaign. Daniels claimed the payment was made to keep her from publicly discussing an alleged sexual encounter with Trump that occurred a decade earlier. Trump has consistently denied the affair and was convicted in May 2023 on charges of falsifying business records in an attempt to conceal the payment.

Manhattan District Attorney Alvin Bragg, who led the prosecution, is a Democrat, which has led Trump's defense team to accuse him of political bias. Trump’s lawyers argued that the initial sentencing date would have fallen too close to the election, accusing the prosecution of "naked election-interference objectives."

Trump's legal team is preparing to appeal the May conviction, and they have also requested the dismissal of the case based on a recent U.S. Supreme Court ruling related to presidential immunity. The ruling holds that sitting presidents cannot be prosecuted for their official actions. Trump's lawyers argue that this principle should apply in his case, although the charges stem from personal conduct, not official duties.

Justice Merchan is scheduled to rule on this motion to overturn the conviction on November 12, 2024, further delaying the timeline for the final resolution of the case.

Trump's campaign spokesperson, Steven Cheung, has called for the case to be dismissed entirely, characterizing it as an "Election Interference Witch Hunt." The former president has used similar language throughout his various legal battles, including federal election interference charges and a separate state case in Georgia. If Trump wins the presidency, he could potentially intervene in the federal cases, but he would not have the authority to stop state-level proceedings in New York or Georgia.

Falsifying business records, the crime for which Trump was convicted, carries a potential sentence of up to four years in prison. However, lesser punishments, such as fines or probation, are more commonly imposed in similar cases.

Share This Article

If you found this article insightful, consider sharing it with your network.

LC Staff Writer
LC Staff Writer
Law Commentary’s Staff Writers are dedicated legal professionals and journalists who excel at making complex legal topics accessible and relatable. They are committed to providing clear, accurate commentary that helps readers understand the impact of legal news on their daily lives.