New York Supreme Court Judge Juan Merchan delayed proceedings in President-elect Donald Trump’s business-record case Tuesday, agreeing with prosecutors and defense attorneys who said they needed time to unpack the unusual situation around the incoming U.S. leader.
Judge Merchan paused the process until Nov. 19 instead of deciding, as expected, whether to dismiss Mr. Trump’s conviction because of a Supreme Court decision granting immunity for official acts.
The judge’s decision will likely result in yet another delay of Mr. Trump’s sentencing on 34 felony counts of falsifying the business records.
He was supposed to be sentenced on Nov. 26, but all sides are trying to deal with a defendant steeped in a presidential transition and received over 75 million votes.
“The people agree that these are unprecedented circumstances,” Manhattan prosecutor Matthew Colangelo wrote to Judge Merchan.
Defense attorney Emil Bove told the judge, “There are strong reasons for the requested stay and eventual dismissal of the case in the interests of justice.”
A jury found Mr. Trump guilty in May on every count brought by Manhattan District Attorney Alvin Bragg.
The U.S. Supreme Court’s midsummer ruling on presidential immunity added a wrinkle to the case.
Defense attorneys say prosecutors used tweets and other evidence from Mr. Trump’s time in office in 2017 that shouldn’t have been submitted.
Prosecutors say the evidence didn’t rise to official acts and shouldn’t taint the case.
Judge Merchan asked both sides to file their thoughts — by 10 a.m. Nov. 19 — on the best way to proceed, given Mr. Trump’s status as the incoming president.
There is a precedent that dictates sitting presidents aren’t subject to criminal prosecution, and special counsel Jack Smith is winding down the feds’ cases versus Mr. Trump.
Mr. Trump has already been convicted in a Manhattan courtroom, however, making it an unusual situation.
His lawyers have delayed sentencing multiple times and are expected to try again.
At trial, prosecutors said Mr. Trump criminally concealed a hush money payment to adult film actress Stormy Daniels around the 2016 campaign with an intent to violate election laws.
They said Mr. Trump paid Ms. Daniels through Michael Cohen and concealed reimbursements to the lawyer in 2017 by misidentifying checks.
Mr. Trump’s lawyers said he was busy running the country and thought he was paying Mr. Cohen for legal services, so his team logged the checks in that manner. They said the trial was politically motivated and designed to thwart Mr. Trump’s political ambitions.
Mr. Trump’s status as a convicted felon didn’t prevent him from winning last week by a landslide.
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
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