The sentencing in former president Donald Trump’s Manhattan hush money case will likely be delayed for at least two weeks as he seeks to have the conviction overturned on the basis of the Supreme Court’s landmark ruling granting broad immunity protections to presidents.
Trump’s legal team claimed in a letter filed Monday that prosecutors improperly used evidence from Trump’s time as president during the trial. That evidence— testimony from former communications director Hope Hicks, tweets that Trump sent while president, and White House phone records— all constitute official acts while he was in office, Team Trump argues.
An attorney who represented Trump in the immunity case, told CNN the Supreme Court’s ruling “absolutely” impacts the hush money case.
“The Supreme Court was very clear that for acts that fall within the outer perimeter of the president’s official responsibilities, acts that are presumptively immune from prosecution, that evidence of those acts cannot be used to try essentially private acts,” Trump attorney Will Scharf said Monday night.
In response, prosecutors from Manhattan District Attorney Alvin Bragg’s Office said they believe Team Trump’s argument is “without merit,” but did “not oppose” pushing back Trump’s July 11 sentencing so they could file a response.
“Although we believe defendant’s arguments to be without merit, we do not oppose his request for leave to file and his putative request to adjourn sentencing pending determination of his motion,” prosecutors wrote in a letter to the court Tuesday. They asked for a deadline of July 24 to respond to the motion.
If granted by Judge Juan M. Merchan, the delay would mean Trump wouldn’t be sentenced until at least July 25, well after he is formally nominated at the Republican National Convention in Milwaukee, which starts July 15.
On May 30, a jury of 12 New Yorkers found Trump guilty of all 34 counts, agreeing that he violated the law by falsifying business records to cover up a $130,000 payment to adult film star Stormy Daniels ahead of the 2016 election.
Daniels claims she had a sexual encounter with Trump in 2006 after meeting him at a celebrity golf tournament in Lake Tahoe. Trump has repeatedly denied that claim, saying at his June 27 debate with President Joe Biden: “I didn’t have sex with a porn star.”
Falsifying business records is punishable by up to four years behind bars. Other potential sentences include probation, a fine or a conditional discharge which would require Trump to stay out of trouble to avoid additional punishment. Trump is the first ex-president convicted of a crime.
Trump will have to leave the campaign trail and be present in Merchan’s Manhattan courtroom when he is sentenced.
Update:
In a letter to Counsel Tuesday, Merchan said Trump’s sentencing is postponed until Sept. 18 “if such is still necessary.”
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