A New York judge has delayed Donald Trump’s sentencing until September as his lawyers try to challenge his conviction following a Supreme Court ruling.
Trump was originally scheduled to be sentenced on July 11.
The former president’s legal team is seeking to overturn his conviction in the hush-money case after the U.S. Supreme Court ruled on Monday that the former president enjoys partial immunity for “official” conduct during his term in office.
Judge Juan Merchan said Tuesday that he will make a decision on the motions by Sept. 6.
The judge wrote that if sentencing is required, it will be held on September 18.
In May this year, a New York jury found Trump guilty of 34 felony counts of falsifying business records, making him the first former president to be convicted of a felony.
Prosecutors say Trump has repaid hush money his fixer Michael Cohen paid to an adult film star who claimed she had an affair with Trump. The money was paid in the run-up to the 2016 election but was concealed by falsely labeling it as legal expenses.
This is the first of Trump’s four criminal cases to go to trial.
Shortly after Judge Merchants’ ruling, Trump wrote in a post on Truth Social that the delay constituted a “total exoneration!” and that it “ended” the “witch hunt against me.” “.
The decision, however, simply halts proceedings until a judge makes a decision.
On Monday, the Supreme Court issued a blockbuster ruling that Trump and other former presidents enjoy immunity from prosecution for “official conduct.”
The challenge stems from a federal criminal case against Trump accusing him of trying to overturn the results of the 2020 election, but it could have ripple effects on his other legal battles.
Seeking to capitalize on the Supreme Court ruling, Trump’s lawyers in the New York case quickly sought to overturn May’s ruling.
They said the Supreme Court’s decision was relevant because some of the events and evidence at the heart of the case occurred while Trump was in the White House.
The Manhattan District Attorney’s Office, which is prosecuting Trump, responded that Trump’s arguments were “baseless” but asked that a response be submitted by July 24.
However, legal experts say the challenge could be an uphill battle for Trump.
“The charges in the New York fraud case against which Trump was convicted clearly relate to Trump’s unofficial conduct, none of which appears to have been related to his official duties,” New York appellate attorney Mark Zauderer said.
“While Trump will be able to litigate his immunity defense in some cases, he will have a hard time succeeding on that argument in the New York case.”
Prosecutors testified that Cohen paid $130,000 to adult film star Stormy Daniels at Trump’s request for her silence about allegations of a 2006 sexual encounter with him. The payments were made while Trump was still a presidential candidate.
Trump then began reimbursing Cohen’s fees in installments starting in early 2017 and incorrectly recorded them as legal fees.
Constitutional scholar Philip Bobbitt said it could be difficult to convince a court that such behavior constituted “official” presidential conduct.
“I just don’t understand,” he told the BBC.
