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| Donald Trump |
Donald Trump has secured another delay in the sentencing of his New York criminal case, with the court agreeing to postpone any decisions until November 19 as the parties consider the impact of his recent re-election.
“The people agree that these are unprecedented circumstances,” wrote prosecutor Matthew Colangelo in a statement to the court.
Justice Juan Merchan, who is overseeing the case, had initially planned to decide on Tuesday whether to move forward with sentencing Trump or to dismiss his conviction on 34 felony counts in New York.
Trump’s attorney, Emil Bove, argued there were “compelling reasons for the requested stay, and ultimate dismissal of the case."
“The stay and dismissal are essential to prevent unconstitutional barriers to President Trump’s capacity to govern,” Bove added.
If Justice Merchan sides with Trump, it would largely clear him of his criminal troubles. However, if the judge upholds the conviction, sentencing could occur before Trump’s January 20 inauguration, setting the stage for further delay attempts and unprecedented challenges within the American legal system.
In May, a New York jury convicted Trump of falsifying business records, related to his reimbursement of his former attorney, Michael Cohen, who had paid an adult film star in 2016 to keep silent about an alleged encounter with Trump.
Trump’s legal team contends that a recent Supreme Court ruling granting presidential immunity from prosecution should apply to his New York case, warranting dismissal of the indictment and conviction.
During the trial, Justice Merchan had previously rejected Trump’s claim of immunity, but that was before this summer’s Supreme Court ruling and Trump’s decisive re-election victory.
Justice Merchan had initially set Tuesday as the deadline to decide on Trump’s request. Should he overturn the conviction, the New York case would be dismissed entirely.
Trump’s impending return to the White House has effectively paused federal cases against him. A state case in Georgia, alleging election interference in 2020, will also be postponed until his second term ends—if it’s still relevant by then.
An Unprecedented Sentencing, with Jail Unlikely
If Justice Merchan upholds the conviction, Trump’s legal team is expected to pursue additional delays and appeals. Given the complexity of sentencing a sitting president, many experts believe sentencing may ultimately be deferred.
Columbia Law School Professor Daniel Richman suggests, “The most likely outcome in the state case is the judge postponing sentencing until after Trump's term,” citing the political and legal challenges such a sentence would present.
Even if Trump appears in a Manhattan courtroom before taking office, sentencing a president poses unprecedented challenges. The law prescribes sentences ranging from fines and probation to up to four years in prison, though Trump’s re-election complicates many options.
“Sentencing a sitting president could be among the most complex and politically sensitive decisions possible,” said Anna Cominsky, professor at New York Law School.
Few anticipate a prison sentence for Trump. As retired New York Supreme Court Justice Diane Kiesel explained, “He’s a 78-year-old with no prior criminal history, convicted of a non-violent felony. It’s unlikely a judge would impose incarceration.”
Instead, Justice Merchan could issue a minor fine or an unconditional discharge. As Justice Kiesel put it, “basically, goodbye.”
Trump Cannot Pardon Himself Here
Trump has previously considered self-pardoning for federal charges, which he could enact upon taking office in January. However, he cannot pardon himself in the New York case, as it falls under state jurisdiction.
For now, his fate rests in the court’s hands, but even the harshest penalties seem improbable.
“He’s a very lucky man,” said Justice Kiesel.
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