The judge in Donald Trump's Manhattan crime hush money case has postponed a decision on whether to throw out the president-elect's conviction, citing presidential immunity.
Judge Juan Melchan told Trump's lawyers on Tuesday that he would postpone sentencing until Nov. 19 after the defense and prosecution filed a joint letter asking for a delay.
The postponement followed a number of successful attempts to delay Trump's case. He was convicted earlier this year of 34 felonies for falsifying business records in a plot to influence the 2016 election.
In the unprecedented first criminal trial against a former or sitting U.S. president, the verdict was handed down May 31 after jurors deliberated for less than 12 hours. The result represented a potentially surprising blow to Trump, who at the time was seen as the likely Republican presidential nominee.
“No one is above the law,” the campaign of Joe Biden, who ultimately withdrew his re-election bid, said in a mass email shortly after the verdict.
“Today in New York, we know that no one is above the law. Donald Trump has mistakenly believed that if you break the law for personal gain, you will never be punished.” said Michael Tyler, Biden's communications director.
Trump's criminal case painted a picture of a person unfit to be president. Prosecutors say Trump paid adult film star Stormy Daniels $130,000 to keep her then-lawyer Michael Cohen quiet about her alleged affair with Trump. It was announced that the charges had been falsely recorded as “litigation costs.”
Manhattan District Attorney Alvin Bragg's office said the tampering was done to conceal President Trump's violation of New York state election law, which criminalizes promoting the election of any person by illegal means.
Prosecutors said those illegal means included a $130,000 payment to Daniels. The payments, made for Trump's 2016 candidacy for president, exceeded the $2,700 individual contribution limit and were essentially illegal campaign contributions.
However, Trump's poll numbers remained stable throughout the trial and he did not lose support. He eventually became the Republican candidate, defeating Kamala Harris on November 5th.
Trump was originally scheduled to be sentenced on July 10. Then, on July 1, the U.S. Supreme Court ruled that sitting presidents have broad immunity for official acts committed while in office.
President Trump urged Marchand to delay sentencing in light of this ruling. His lawyers cited the Supreme Court's ruling in their push to challenge Trump's conviction.
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Following the Supreme Court's ruling, Machan agreed to review the legality and postponed the proceedings until September 18 “if still necessary”. Trump's lawyers said in August that they would need more time to appeal Marchand's decision.
On September 6, Marchand again postponed Trump's sentencing until November 26, after the election, saying the situation was “complicated.” He said the decision “avoids the impression, even unwarranted, that the proceedings are influencing or attempting to influence the upcoming presidential election in which the defendant is a candidate. ” was said to be aimed at.
According to the letter, Mr. Trump's lawyers argued over the weekend that “there are strong reasons for withholding the request and ultimately, in the interests of justice, we will dismiss the case.”
Trump's election victory also derailed other criminal cases. Special Counsel Jack Smith is trying to close the federal election interference and classified documents case against President Trump.
A state-level election case in Fulton County, Georgia, is pending appeal after revelations that District Attorney Fani Willis hired a man with whom she had an affair as a prosecutor. Even if the case survives appeal, the proceedings are all but guaranteed to continue until 2029.
Details coming soon…
