A New York judge is delaying the sentencing of former President Donald Trump until Nov. 26, meaning the Republican Party nominee won’t be punished for his felony convictions until after the election.
State Supreme Court Judge Juan Merchan had scheduled the sentencing for Sept. 18 after a Manhattan jury this year found him guilty of 34 counts of falsifying business records.
Mr. Trump pressed the court to delay sentencing until after Election Day, Nov. 5.
The former president said he would likely appeal the May conviction after the U.S. Supreme Court’s decision to grant presidential immunity for official acts.
Judge Merchan said in his Friday ruling that a decision on the immunity question won’t come until mid-November instead of mid-September as initially planned.
“The court is a fair, impartial and apolitical institution,” Judge Merchan wrote in a four-page adjournment letter to counsel. “Adjourning decision on the motion and sentencing, if such is required, 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.”
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Manhattan District Attorney Alvin Bragg had not opposed a postponement, saying the sentencing date should be up to the court.
The delay is a big victory for Mr. Trump, who didn’t want to face potential jail time while campaigning for president.
Mr. Trump will try to use every lever he can to get rid of his legal problems if he wins the election. He has little sway over state charges like the ones in New York, though it may be difficult to give a president-in-waiting a lengthy prison term.
On the other hand, a Trump loss in the election will leave little public pressure on the judge to tread lightly in sentencing him.
David Schultz, a professor of politics and legal studies at Hamline University in Minnesota, said the judge “outplayed” Mr. Trump.
“I doubt the judge wants to be accused of trying to impact the election. Also, by delaying sentencing it takes away the ability of Trump to use it to fundraise and mobilize his base,” said the professor, who tracks Mr. Trump’s legal issues.
And, he said, Mr. Trump “runs the risk of losing the election and facing a judge who need not fear the political consequences.”
Mr. Trump faces up to four years in prison but is unlikely to do hard time, given his status as a first-time offender and the sensitivity around putting a former president behind bars.
At trial, prosecutors said Mr. Trump criminally concealed a hush money payment to porn 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.
At trial, the former president’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 presidential campaign.
Mr. Trump’s lawyers are making a last-ditch effort to invalidate the conviction because of the Supreme Court’s ruling on presidential immunity.
They say prosecutors incorporated tweets and testimony from Mr. Trump’s time at the White House that could be construed as official acts.
Prosecutors have said the evidence had little bearing on the trial and shouldn’t taint the overall case.
Judge Merchan decided to delay the sentencing moments after Mr. Trump railed against the New York legal system during a media event at Trump Tower.
“We have a whole rigged election system,” Mr. Trump said.
Judge Merchan, in his adjournment letter, defended the operations of the court.
“The members of this jury served diligently on this case, and their verdict must be respected and addressed in a manner that is not diluted by the enormity of the upcoming presidential election. Likewise, if one is necessary, the defendant has the right to a sentencing hearing that respects and protects his constitutional rights,” he wrote. “Unfortunately, we are now at a place and time that is fraught with complexities rendering the requirements of a sentencing hearing, should one be necessary, difficult to execute.”
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
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