(NEW YORK) — New York Judge Juan Merchan has delayed President-elect Donald Trump’s Nov. 26 sentencing date in his criminal hush money case, according to a brief order issued Friday.
The judge is allowing the defense to file a motion to dismiss the case, which he said is due by Dec. 2.
The judge provided no new sentencing date after adjourning the original Nov. 26 date.
Trump was scheduled to be sentenced next week after he was found guilty in May on 34 felony counts of falsifying business records related to a hush money payment made to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election.
Judge Merchan’s order also puts off any decision about whether the Supreme Court’s recent presidential immunity decision applies to the case.
While the $130,000 payment to Daniels preceded Trump’s ascension to the presidency, Trump has claimed that prosecutors filled “glaring holes in their case” with evidence that related to official acts he subsequently performed in office — which the Supreme Court ruled are off limits in its July ruling on presidential immunity.
Prosecutors have argued that the case centers on “entirely personal” conduct with “no relationship whatsoever to any official duty of the presidency.”
Trump has asked that the verdict be overturned or the case be thrown out entirely. If Judge Merchan tosses the conviction, he could order a new trial — which would be delayed for at least four years until Trump leaves office — or dismiss the indictment altogether.
Trump’s conviction carries a penalty of up to four years in prison, though first-time offenders normally receive lesser sentences.
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