Manhattan prosecutors are not explicitly opposing Donald Trump’s proposal for a sentencing delay in his hush money case until after the presidential election.
Last week, Trump asked Judge Juan Merchan to postpone his sentencing – currently set for September 18 – until after the November election, arguing in part that he won’t have enough time to appeal the judge’s decision on presidential immunity, which is expected by September 16.
In a two-page response, prosecutors wrote that, “[G]iven the defense’s newly-stated position, we defer to the Court on whether an adjournment is warranted to allow for orderly appellate litigation of that question, or to reduce the risk of a disruptive stay from an appellate court pending consideration of that question. The People are prepared to appear for sentencing on any future date the Court sets.”
Prosecutors added that they are “mindful” of the security measures necessary to prepare for court appearances, and if Trump should seek an immediate appeal of the ruling, it could mean that “significant preparatory steps are taken, only to have such steps disturbed by appellate litigation.”
The judge will consider both letters and is expected to issue a ruling by early September, according to sources.
If Merchan agrees to move the date, it could mean that Trump won’t be sentenced until well into the future. If the judge denies Trump’s motion on immunity and Trump pursues numerous rounds of appeals in state and federal court, it would likely be several months or longer until those appeals are completed. Appeals courts could stay Trump’s sentencing until that process is over.
Trump was convicted earlier this year on 34 felony counts of falsifying business records to cover up a payment to silence a porn star who said she had a sexual relationship with Trump from speaking before the 2016 election. Trump has denied the relationship.
Trump argues the Supreme Court’s recent ruling on presidential immunity means that certain evidence, such as the testimony of former White House aide Hope Hicks and tweets he sent while in office, should not have come before the jury. Prosecutors say the conviction should stand, saying the evidence presented at trial was “overwhelming.”
Trump’s lawyers contend that they will need more time to pursue state and federal appellate options if they lose their immunity argument, writing that one business day is “unreasonably short.” They also argue sentencing Trump would amount to “election interference” since early voting is underway in some states.
Trump previously asked Merchan to delay his sentencing initially set for July. Back then, prosecutors did not oppose moving the date, which the judge then rescheduled for next month.