Former President Donald Trump keyed in on the two words “if necessary” in New York Judge Juan Merchan’s ruling Friday delaying sentencing in the Republican candidate’s hearing until after November’s election.
Merchan oversaw Trump’s criminal case in which he was convicted of 34 counts of falsifying business records regarding payments made to adult film star Stormy Daniels by then Trump attorney Michael Cohen prior to the 2016 general election.
The sentencing hearing was originally set for July 11 following the May conviction, but had been delayed to Sept. 18, after the U.S. Supreme Court ruled on July 1 that presidents have partial immunity for official acts taken while in office.
It is now postponed until November 26.
Trump’s attorneys had requested a further delay until after the election, given that a subsequent ruling in the presidential immunity case is due on Sept. 16, which they may need to appeal.
Prosecutors from Manhattan District Attorney Alvin Bragg’s office said they would “defer to the Court on whether an adjournment is warranted to allow for orderly appellate litigation” of any Trump appeal, but “would be prepared to appear for sentencing on any future date the Court sets,” according to NBC News.
Merchan responded in a letter Friday to Trump attorney Todd Blanche and Manhattan Assistant DA Matthew Colangelo first acknowledging the case “is one that stands alone, in a unique place in this Nation’s history.
“Unfortunately, we are now at a place in time that is fraught with complexities rendering the requirements of a sentencing hearing, should one be necessary, difficult to execute,” the judge said.
Merchan ruled, “[T]he imposition of sentence will be adjourned to avoid any appearance – however unwarranted-that the proceeding has been affected by or seeks to affect the approaching Presidential election in which the Defendant is a candidate.”
Will the hush money conviction against Trump eventually be thrown out?
Yes: 97% (30 Votes)
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Merchan stated in his final order, “the sentencing in this matter, if necessary, is adjourned to November 26, 2024.”
The judge will hear the Trump legal team’s arguments on presidential immunity in November before making a sentencing ruling, Politico reported.
“If Merchan rejects Trump’s immunity arguments and proceeds to sentencing, Trump may not have to serve it until after the appeals process has been exhausted, which would take at least several months. And if he is elected president in November, his sentence almost certainly would be suspended while he’s in office,” the news outlet said.
Trump picked up on the two words, “if necessary,” in Merchan’s order.
He wrote in a Truth Social post, “I greatly appreciate the words ‘if necessary’ being utilized in the Decision, because there should be no ‘if necessary’ – This case should be rightfully terminated, as we prepare for the Most Important Election in the History of our Country.”
Concerning the conviction overall, Trump wrote, “The Manhattan D.A. Witch Hunt has been postponed because everyone realizes that there was NO CASE, I DID NOTHING WRONG! It is a political attack against me by Comrade Kamala Harris and other Radical Left Opponents for purposes of Election Interference.”
Trump told Fox News, “The case was delayed because everyone realizes there was no case and I did nothing wrong,” adding, “It is a case that should never have been brought.”
The 45th president said, “The case should be dead.”
The New York case was the only one of the four criminal cases brought against Trump during the election year to go to trial.
Special counsel Jack Smith’s two federal cases and Fulton County, Georgia, District Attorney Fani Willis’ election interference case all faced legal hurdles, which ultimately prevented them proceeding before the election.
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