Former President Trump has asked the New York judge presiding over his recent criminal trial to postpone sentencing until after the November presidential election.
Judge Juan Merchan had previously agreed to postpone the ruling until September to first determine whether the Supreme Court’s presidential immunity decision requires it to overturn Trump’s conviction.
“[S]Short of a blatant election interference objective, there is no legitimate reason for the Court to leave the current decision date on the calendar,” Trump lawyers Todd Blanche and Emil Bove wrote in the lawsuit. Letter to the judgeIt was made public on Thursday.
“There is no basis for continued haste,” the letter continued, “and therefore we respectfully request that any ruling, if necessary, be delayed until after the presidential election.”
In May, a New York jury found Trump guilty on all 34 counts of falsifying business records to hide information damaging to voters.
Manhattan District Attorney Alvin Bragg (Democrat) has accused Trump of paying porn star Stormy Daniels $130,000 to keep quiet about an alleged affair with Trump just before the 2016 presidential election, then concealing payments to his then-fixer, Michael Cohen. Trump denies any involvement and has vowed to appeal.
President Trump, who wants to win this year’s presidential election first, retake the White House and end the prosecutions, has repeatedly sought a stay of the hush money case and three other criminal cases that have not yet reached trial.
Bragg’s office declined to comment on the new letter.
Trump’s sentencing in New York was originally scheduled for July, but the justices postponed the hearing until September 18 after the Supreme Court upheld at least presumptive criminal immunity for former presidents’ official acts.
Trump has not claimed immunity from the hush-money charges themselves, but has argued that prosecutors improperly offered exculpatory evidence at trial and that the sentence should be set aside as a result. Prosecutors have disputed that argument, and Judge Marchan is scheduled to rule on the case two days before the sentencing.
Trump’s legal team called the short window an “unreasonably short period” and suggested the former president would immediately seek to appeal if the judge rejects his immunity claim.
“The requested delay is also necessary to allow President Trump sufficient time to evaluate and pursue his state and federal appeal options against the adverse ruling,” the letter read.
The letter also notes that Judge Marchan refused for a third time to recuse himself from the case on Wednesday. Trump’s legal team has maintained that the judge’s daughter works for a digital agency that does work for prominent Democrats, but the judge has argued there is no conflict of interest, citing guidelines from a state ethics advisory group.
“Notwithstanding the Supreme Court’s decision on the contentious recusal issue, the requested postponement will mitigate the alleged conflicts of interest and potential misconduct going forward, which are also the subject of an ongoing congressional investigation,” Blanch and Bove wrote in the letter.
