New York Judge Juan Merchan on Friday delayed Donald Trump’s sentencing in the Stormy Daniels case until weeks after the November elections, in just the latest dramatic turn for the former president.
The decision sets sentencing for November 26th, when Americans will have voted and the results of the election should be known. It had been scheduled for September 18th, which would have fallen just two months before Election Day.
Trump’s team had asked for a delay, while prosecutors had left the matter up to the judge’s discretion – something Merchan took as an indication prosecutors backed the move.
The judge, who Trump repeatedly attacked during his trial and again on Friday, had told the parties he will make his decision on timing Friday. Trump faces up to four years in prison, although experts predict the first-time offender might not get any jail time when sentencing finally comes.
In a letter explaining his order, Judge Merchan spelled out the reason to delay as a measure to avoid ‘any appearance – however unwarranted – that the proceeding has been affected by or seeks to affect the approaching Presidential election in which the Defendant is a candidate.’
Judge Juan Merchan ruled in Trump’s favor and delayed sentencing hours after the former president blasted a ‘witch hunt’ against him
He said adjourning ‘should dispel any suggestion that the Court will have issued any decision … to give an advantage to, or to create a disadvantage for, any political party’ or candidate.
That came after the judge noted that it is the defense who filed numerous motions to try to derail the case, and that Supreme Court rendered its ‘historic and intervening decision’ on presidential immunity just 10 days before an earlier sentencing date.
Those moves had the combined effect of pushing back the decision to the height of the political season, with Trump engaged in a close race against Vice President Kamala Harris while campaigning on the legal moves against him.
Merchan noted the time and effort spent by the jury on the case, and the ‘complexities’ of a sentencing hearing, which should be ‘entirely focused’ on the verdict and weighing aggravating factors ‘free from distraction or distortion.’
Trump’s lawyers tried to have the case removed out of Merchan’s Manhattan courtroom and into federal court. They said Merchan shouldn’t sentence Trump while that matter is being litigated, and have alleged that fall sentencing amounts to ‘election interference.’
Merchan gave a hint of how he took these arguments in his letter. He pointed to the defendant’s ‘litany of perceived and unsubstantiated grievances from previous filings that do not merit this Court’s attention.’
The decision in Trump’s favor came just hours after Trump once again attacked the judge, who he has accused of having a conflict in the case.
‘That case is a disgrace – should have never been allowed. I did nothing wrong,’ Trump said, in a prolonged press statement at Trump Tower where he also attacked New York Judge Arthur Engoron and female accusers who testified in the in the E. Jean Carroll case.
Trump once again accused the Justice Department of steering the case, which was decided a Manhattan jury. ‘It’s very corrupt in New York. It’s a very corrupt place.’
Merchan’s decision puts sentencing after Americans have gone to the polls, but before electors meet in their state houses December 17th – during a period in 2020 when Trump was challenging the election results.
DA Alvin Bragg’s office had said the judge should decide, but said in a filing that Trump’s complaints about the timing of the case ‘are a function of his own strategic and dilatory litigation tactics.’
Judge Juan Merchan says he will issue a decision on whether to delay sentencing scheduled for Sept. 18th in his Stormy Daniels case. He cited the desire to avoid ‘any appearance – however unwarranted – that the case was proceeding in a way to impact the presidential election
Trump railed against the Stormy Daniels case online and at Trump Tower and accused VP Kamala Harris and the U.S. Justice Department of being behind it
The arguments over sentencing follow Trump’s conviction on 34 counts of falsifying business records related to the $130,000 Stormy Daniels ‘hush’ payments
In a separate case, Trump and E. Jean Carroll each attended an Appeals Court hearing in Trump’s effort to appeal a $5 million jury verdict
The high-stakes decision comes as Trump, who issued a combative press statement Friday, attended court in a separate case where his las lawyers are appealing a $5 million judgement against him in E. Jean Carroll’s defamation case.
Merchan had already postponed sentencing from an initial July 11 date amid the legal battle over whether Trump enjoys immunity from prosecution for official acts. Some of the evidence in the Stormy Daniels case show Trump signing checks for the final part of the porn star's hush payments from the Oval Office.
Trump's move to appear in the Carroll appeal case came a day after he decided not to show up in a court hearing in Washington, D.C. about the status of his January 6 case.
In that case, he had lawyer John Lauro communicate his 'not guilty' plea related to his election overturn effort.
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In the Stormy Daniels hush money case, Trump's team has tried to delay sentencing on two occasions.
He was convicted in May on 34 counts of falsifying business records related to payoffs to the porn star.
Trump has repeatedly attacked the case, and on Thursday evening accused election rival Kamala Harris of engineering it. (Trump previously accused President Joe Biden of being behind his prosecution).
'This is what various Legal Scholars and Experts, Brilliant Lawyers, and Highly Respected Journalists think of the Manhattan D.A. Hoax, where the Democrats, headed up by Comrade Kamala Harris, working directly with the DOJ (which they’re not supposed to be!), want to put a Former President of the United States, and the Leading Candidate for President, in PRISON. This is unheard of, there has never been anything like it in our Country, and they are doing it in a blatant and illegal attempt to “win” an Election that, based on their results, should be “unwinnable,” but I can’t talk about it because Judge Merchan has put an UnConstitutional Gag Order on me. Somehow it will ALL work out - I don’t know how, I don’t know why, I don’t know when, but it always does!'
Although Merchan could give Trump a sentence of as many as four years, legal experts have said a sentence of probation or community service is more likely.