Donald Trump’s 11 July sentencing in his hush money case may be postponed after his lawyers requested the judge to overturn his conviction following a Supreme Court ruling on presidential immunity.
Manhattan prosecutors, while believing Trump’s motion to be “without merit,” did not object to the delay request in their letter to Justice Juan Merchan. The Supreme Court ruled that presidents have broad immunity from criminal prosecution for “official actions” taken while in office.
In May, Trump was convicted on 34 counts of falsifying business records, partly based on evidence from his presidency. Trump’s lawyers argued that the Supreme Court ruling should apply to his actions in 2017, suggesting the case involved “official acts.”
Manhattan prosecutors have asked the judge to respond to Trump’s motion by 24 July. Judge Merchan must now decide whether to formally adjourn the sentencing.
During the Manhattan trial, prosecutors presented “highly prejudicial” evidence from Trump’s time in the White House, including 2017 social media posts and Oval Office events. Trump’s lawyers claim these should not have been shown to the jury.
Last year, Trump’s lawyers similarly argued that the allegations fell within his presidential duties, but a federal judge disagreed. The Supreme Court’s recent ruling, celebrated by Trump as a “big win” for democracy, stated that presidents are immune for “official acts” but not “unofficial acts.”
This ruling was in a separate case where Trump is accused of trying to overturn the 2020 election. President Biden criticized the ruling, calling it a “dangerous precedent” undermining the “rule of law.”
In May, a Manhattan jury convicted Trump on all counts of falsifying business records related to a payment to Stormy Daniels during his 2016 campaign. Prosecutors argued Trump disguised the payment as legal expenses, breaking election law. Trump called the verdict a “disgrace.”
Justice Merchan may agree to delay the sentencing, but the Supreme Court decision is unlikely to affect Trump’s conviction, according to Mark Zauderer, a prominent appellate attorney in New York. He believes the allegations are related to unofficial conduct, making it difficult for Trump to succeed with his immunity defense in this case.