A New York judge on Tuesday delayed former President Donald Trump’s sentencing, “if such is still necessary,” to Sept. 18 to provide time to determine whether the U.S. Supreme Court’s decision on presidential immunity voids the conviction secured by Manhattan District Attorney Alvin Bragg.
State Supreme Court Judge Juan Merchan issued an order saying he would rule on questions about immunity on Sept. 6.
He delayed the sentencing, initially scheduled for July 11, hours after Mr. Bragg said he did not object to Mr. Trump’s push to postpone the sentencing while the court mulls the justices’ opinion in Monday’s landmark ruling. The U.S. Supreme Court ruled that a president has absolute immunity from prosecution for official actions but has no immunity for unofficial acts.
“Although we believe defendant’s arguments to be without merit, we do not oppose his request for leave to file and his putative request to adjourn sentencing pending determination of his motion,” the office’s assistant DAs wrote to Judge Merchan.
Mr. Trump’s attorneys argue that some evidence in the weekslong trial, including social media posts, was covered by the former president’s immunity status and shouldn’t have been used at trial. They want to vacate Mr. Trump’s conviction on 34 felony counts of falsifying business records.
His attorneys want to file papers on July 10 in support of their motion to set aside the conviction. Mr. Bragg’s team wants to respond by July 24.
Judge Merchan scheduled a 10 a.m. hearing on Sept. 18 “for the imposition of sentence, if such is still necessary, or other proceedings.”
The Supreme Court’s decision on presidential immunity largely affects special counsel Jack Smith’s case alleging Mr. Trump conspired against U.S. voters in his attempt to overturn what the former president calls a rigged 2020 election.
A federal judge in that case will have to sort out which allegations involve official acts versus unofficial ones. The justices said unofficial acts aren’t covered by immunity.
It’s unclear whether Mr. Trump can make a convincing argument against his state-level conviction in New York.
Previously, a federal judge refused to move the business-record case from New York to federal court, finding the allegations centered on the ex-president’s personal life and didn’t “reflect in any way the color of the president’s official duties.”
The delay will be viewed as a sign of daylight for Mr. Trump, who says the trial was rigged from the start and he should enjoy sweeping presidential immunity from a series of indictments. However, the postponement could push be punishment for the presumptive GOP nominee closer to Election Day.
A jury on May 30 found Mr. Trump guilty of criminally concealing a $130,000 payment to porn star Stormy Daniels. Prosecutors said Mr. Trump made the payment through Michael Cohen and concealed it in 2017 through misidentified checks to the lawyer, signaling an intent to violate election laws.
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
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