Donald Trump is facing several pivotal court rulings in his New York hush money case that could determine whether he will be sentenced before the November presidential election. As the legal clock ticks, prosecutors are pushing back against his efforts to delay the proceedings.
Last week, Trump made a last-minute bid to transfer the case to federal court, while also filing two separate motions to postpone sentencing in state court. These crucial decisions could be handed down as soon as this week, with the current sentencing date set for September 18.
Trump has requested New York State Court Justice Juan Merchan to pause the case while his attempt to move it to federal court is considered. However, Manhattan District Attorney Alvin Bragg’s office responded on Tuesday, arguing that “federal law is clear” and that no such delay is justified. They also noted that a previous attempt to move the case to federal court before the trial had already been rejected.
This legal maneuvering is part of Trump’s broader strategy to avoid sentencing as he campaigns to reclaim the White House in the November 5 election. If convicted, the 78-year-old former president could face up to four years in prison, though a much shorter sentence or even probation is possible.
On May 30, a Manhattan jury found Trump guilty on 34 felony counts of falsifying business records to cover up a $130,000 payment to adult film star Stormy Daniels. The case has been a focal point in the election, with Vice President Kamala Harris framing the choice as one between a former prosecutor and a “convicted felon.”
The latest potential delay stems from Trump’s request for U.S. District Judge Alvin Hellerstein in Manhattan to take control of the case. Trump contends that only a federal judge can assess whether the hush money trial was impacted by a recent Supreme Court ruling that former presidents have some immunity from prosecution for official acts conducted while in office. Merchan was already expected to rule this week on an earlier motion to delay sentencing based on this immunity argument. Trump’s new motions in both state and federal courts intensify his strategy by asking Merchan to indefinitely postpone sentencing until the federal court issues a ruling on the matter.
In their letter on Tuesday, prosecutors argued that Trump himself is responsible for any delays, stating, “The concerns defendant expresses about timing are a function of his own strategic and dilatory litigation tactics.”
If Merchan denies Trump’s request to pause the case, the judge will still face multiple decisions. He is expected to rule soon on Trump’s earlier motion to delay sentencing until after the election, a move Trump claims would prevent “election interference.”
Additionally, Merchan has indicated he will rule by September 16 on Trump’s request to vacate the guilty verdict. Trump contends the conviction should be overturned because the trial was tainted by evidence and testimony that, under the Supreme Court’s new standard on presidential immunity, should have been inadmissible.
Should these efforts fail, Trump’s sentencing is set to proceed on September 18 as planned.
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