The sentencing of former US President Donald Trump, which is related to payments made to adult film star Stormy Daniels, has been rescheduled until November 26th. This decision was made by a New York judge on Friday, postponing the sentencing from its original date on September 18th. The delay follows a request from Trump, the Republican presidential nominee, to Justice Juan Merchan to postpone it until after the November 5th election.
In August, Trump’s legal team argued that there wouldn’t be sufficient time prior to sentencing to appeal Judge Merchan’s upcoming decision related to their request to overturn the conviction. This appeal stems from a significant ruling by the US supreme court concerning presidential immunity, which is due to be considered by Judge Merchan on September 16th.
The Supreme Court’s ruling, which is related to a different criminal case faced by Trump, states that presidents can’t be prosecuted criminally for their actions in office. Moreover, it also restricts the use of evidence from a president’s official actions to substantiate criminal cases that involve non-official actions.
However, prosecutors from Manhattan District Attorney Alvin Bragg’s office argued that their case focuses on Trump’s personal behaviour, not his official duties. Therefore, they opined there is no rationale to have the judgement overturned. They did not, however, express an opinion on Trump’s request to delay sentencing until after the election.
On August 16th, prosecutors submitted a document stating they would leave the decision to Judge Merchan. They also suggested that an appellate court could postpone the sentencing while it reviews Trump’s appeals — a move they conceded could be “disruptive.”
Bragg’s team highlighted the complexities of handling Trump’s court appearances, citing the necessary heightened security and logistical planning. They also pointed out the risk of cancellation after the preparations for sentencing have been made. Given this, Trump’s six-week trial led to an increased police presence in lower Manhattan.
Refusing to push for a pre-election sentencing date may have been a strategic decision by Mr Bragg to avoid fuelling Mr Trump’s accusation of political interference by the Democratic prosecutor, according to George Grasso, a retired New York judge who was present at the trial.
“Given the current political climate, it’s quite likely Mr Bragg is carefully avoiding giving the Trump camp any reasons to claim that he’s playing politics,” commented Mr Grasso. “He has deftly navigated this situation.”
May 30th saw a historic moment as Mr Trump became the first former or current US president to be found guilty in a criminal trial. He was convicted of fabricating business documents to conceal a $130,000 payout made by his then-attorney to Ms Daniels. This payment was an attempt to silence her claims of a sexual encounter she alleges she had with Mr Trump a decade earlier, ahead of the 2016 election. Mr Trump has categorically denied these allegations and plans to contest the conviction as soon as the sentencing is complete.
The crime of falsifying business records is typically punishable by a maximum of four years in prison. However, it’s more typical for those convicted of this offence in the past to receive lighter sentences, such as fines or probation.
In the event that Mr Trump emerges victorious in the presidential race, he could theoretically direct the Department of Justice to dismiss any federal election meddling charges against him. However, he would not possess the power to terminate the ongoing case in New York state or another election tampering investigation in Georgia.