NEW YORK: The judge in Donald Trump’s New York criminal case has delayed to November 19 a decision on potentially throwing out the US president-elect’s conviction, the court said Tuesday.
Trump was convicted of 34 felony counts in May after a jury found he had fraudulently manipulated business records to cover up an alleged sexual encounter with a porn star ahead of the 2016 election.
The president-elect is due to be sentenced on November 26, may receive a reprieve if Judge Juan Merchan decides to dismiss the case following the Supreme Court’s recent ruling on presidential immunity.
That landmark ruling saw the court, with a 6-3 conservative majority, decide that presidents have sweeping immunity from prosecution for a range of official acts committed while in office.
Ahead of the election, Trump’s lawyers moved to have the case thrown out in light of the Supreme Court decision, a move that prosecutors have firmly rejected.
If the judge throws out the case on that basis, there will be no sentencing of Trump, 78.
If he does not, Trump’s legal team would almost certainly seek to oppose or delay any sentencing, insisting it would interfere with Trump’s role as commander-in-chief once he is sworn in on January 20.
“The joint application for a stay of the current deadlines... until November 19, is granted,” the court wrote in an email to parties in the case, seen by AFP.
Alongside the New York case, brought by state-level prosecutors, Trump faces two active federal cases, one related to his effort to overturn the 2020 election and the other connected to classified documents he allegedly mishandled after leaving office.
However, as president, he would be able to intervene to end those cases, and Jack Smith, the special counsel handling both cases, has reportedly begun to wind them down.
A Trump-appointed federal judge already threw out the documents case, but Smith had sought to appeal that decision.
“Trump’s victory means he is unlikely to be held accountable for any of his alleged criminal misconduct,” said former prosecutor Randall Eliason in an article on Substack.
“That’s a severe blow to the ideal of the rule of law.”
The New York conviction, coming just months before an election that Trump won convincingly, was one of several dramatic developments in the race for the White House.
In July, Trump survived an assassination attempt at a rally in Pennsylvania when a bullet grazed his ear.
Later that month, President Joe Biden stepped aside as the Democratic Party’s candidate following a disastrous performance against Trump in a televised debate.
That paved the way for Vice President Kamala Harris to become the first woman of color from a major US party to stand for president.