The judge overseeing Donald Trump’s hush money case has given his lawyers more than a week to argue that his conviction should be thrown out because he was re-elected president, and called off Trump’s sentencing that was scheduled for next week. It remained unclear whether the judge would sentence Trump before he takes office Jan. 20, but the schedule set on Friday potentially leaves room for it, the Washington Post reports.
New York Supreme Court Justice Juan Merchan is allowing Trump’s lawyers to make new immunity-related arguments related to his conviction in May on 34 felony counts of falsifying business records to cover up hush money payments to an adult film actress ahead of the 2016 election. Those arguments will focus on whether further proceedings would interfere with Trump’s ongoing presidential transition and his presidency.
“Just as a sitting President is completely immune from any criminal process, so too is President Trump as President-elect,” Trump’s lawyers wrote this week seeking permission to file the arguments by Dec. 20 — a month before Trump is sworn in. Manhattan District Attorney Alvin Bragg’s office suggested a much speedier timeline for the upcoming round of motions and replies, asking that Trump file his request promptly and that they be allowed to respond by Dec. 9. The sentencing was originally scheduled for July, but Trump’s lawyers won two delays because of a July 1 Supreme Court ruling that significantly broadened presidential immunity. While Trump’s conduct in falsifying the business records was not part of his official presidential duties, some of the evidence used during the grand jury proceedings and the trial did involve White House staff members and actions he took while president.vOnce Trump’s team files its motion asking to toss the case and the guilty verdict, prosecutors would respond before Merchan issues his ruling.
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