The judge in Donald Trump‘s hush money case has delayed a decision on whether to throw out the charges with less than a month until his sentencing.
Judge Juan Merchan pushed back a decision on immunity in the case where the president-elect was found guilty of 34 counts of falsifying business records to silence Stormy Daniels.
He agreed to a request by Trump’s defense team and Manhattan DA Alvin Bragg’s office to delay deadlines in the case for a week, until November 19.
Merchan had been expected to make a decision on the Trump team’s argument that the former president’s conduct was entitled to immunity protections following a Supreme Court ruling.
Prosecutor Matthew Colangelo wrote the judge Sunday asking for the delay and noting the ‘impact on this proceeding from the results of the Presidential election.’
‘The People agree that these are unprecedented circumstances,’ he wrote, pointing to the need to balance ‘a jury verdict of guilt following trial that has the presumption of regularity; and the Office of the President.’
Trump lawyer Emil Bove called for a stay and dismissal of the case in order to ‘avoid unconstitutional impediments to President Trump’s ability to govern.’
A Manhattan jury in May convicted Trump on 34 counts of falsifying business records.
He faces up to four years in jail, although many experts say the first time offender was unlikely to get jail time even before his stunning election win.
Sentencing in the case is still set for November 26 in the case, although if Merchan were to dismiss the case before then it would be moot.
On the immunity matter, Merchan must decide whether evidence that was shown to jurors during the trial should have been kept away from jurors. (The 6-3 ruling by the conservative majority came in July, after the trial).
Trump’s team has already used the ruling, which sets out sweeping areas of ‘official’ conduct that is protected from prosecution while a president is in office, to argue the case should be tossed out.
Among the evidence at trial were White House meetings between Trump and former fixer Michael Cohen, who was a star witness for the prosecution. Cohen was seeking reimbursement for ‘hush’ payments paid to porn star Stormy Daniels. Cohen paid the porn star $130,000 weeks before the 2016 election and got reimbursed.
More to follow
The judge in Donald Trump’s hush money case has delayed a decision on whether to throw out the charges with less than a month until his sentencing
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