A New York judge has postponed Donald Trump’s sentencing until September as his lawyers seek to challenge his conviction following a recent Supreme Court ruling. Originally, Trump was set to be sentenced on July 11.
Trump’s legal team requested the overturning of his conviction in a hush-money case after the Supreme Court ruled on Monday that former presidents had partial immunity for “official” acts during their presidency. Justice Juan Merchan announced on Tuesday that he would decide on the motions by September 6. If sentencing is necessary, it will occur on September 18.
In May, a New York jury found Trump guilty of 34 felony counts of falsifying business records, making him the first former president ever convicted of a felony. Prosecutors claimed Trump reimbursed his fixer, Michael Cohen, for hush money paid to an adult film star who alleged an affair with Trump. The payment, made on the eve of the 2016 election, was falsely labeled as legal expenses.
This is the first of Trump’s four criminal cases to go to trial. Following Justice Merchan’s ruling, Trump posted on Truth Social, declaring the delay as “TOTAL EXONERATION!” and claiming it “ends” the “witch hunts against me.” However, the decision merely pauses proceedings until the judge’s determination.
On Monday, the Supreme Court ruled that Trump and other former presidents have immunity from prosecution for “official acts.” This ruling arose from a federal criminal case accusing Trump of attempting to overturn the 2020 election results, potentially impacting his other legal battles.
Trump’s lawyers quickly leveraged the Supreme Court decision to challenge the May conviction, arguing that some of the events and evidence occurred while Trump was in the White House. The Manhattan District Attorney’s Office, which prosecuted Trump, dismissed Trump’s argument as “without merit” but requested until July 24 to file a response.
Legal experts suggest this challenge could be difficult for Trump. Mark Zauderer, an appellate attorney in New York, stated, “The allegations in the New York fraud case in which Trump was convicted seem clearly to relate to unofficial conduct by Trump, none of which would seem to involve his official duties.” Constitutional law scholar Philip Bobbitt added, “I just don’t see it,” referring to the possibility of the court viewing Trump’s behavior as “official” presidential acts.
Prosecutors proved that Cohen, acting at Trump’s behest, paid adult film star Stormy Daniels $130,000 for her silence about an alleged 2006 sexual encounter with Trump. The payment occurred when Trump was a presidential candidate, and he later reimbursed Cohen in installments starting in early 2017, falsely recording them as legal expenses.
