Donald Trump’s sentencing in his Manhattan hush money criminal trial has been rescheduled for after the November election.
Judge Juan Merchan on Friday delayed the sentencing to 26 November, citing “the unique time frame this matter currently finds itself in” among his reasons.
Lawyers for Republican presidential nominee Donald Trump have utilized a number of legal maneuvers to postpone the sentencing, which was originally planned for September 18.
In May, a New York jury convicted Trump on 34 felony counts of falsifying company documents, making him the first sitting or former president to be convicted of a criminal offense.
In his decision, Judge Merchan wrote that the case demands “a sentencing hearing that is entirely focused on the verdict of the jury”.
“Their verdict must be respected and addressed in a manner that is not diluted by the enormity of the upcoming presidential election,” he said, setting sentencing to exactly three weeks after the 5 November election.
He said the delay was necessary “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”.
“The Court is a fair, impartial and apolitical institution,” the judge continued.
Trump could face a sentence of up to four years in prison, but Judge Merchan also has the discretion to impose a punishment of a fine, probation or a shorter jail term.
Prosecutors have accused the former president of covering up a payment made to silence Stormy Daniels, an ex-adult film actress, during the final days of his 2016 presidential campaign. Ms. Daniels claimed she had a sexual encounter with Trump and received $130,000 from his former lawyer before the election to keep the matter private. Prosecutors allege that Trump approved the payment and disguised it as legal fees, which they argue was a violation of election laws.
Trump’s original sentencing date was in July. His lawyers delayed that after a US Supreme Court ruling that granted presidents some immunity from criminal prosecution for “official acts”.
Judge Merchan has approved a postponement to allow both sides time to prepare arguments regarding the impact of a recent Supreme Court ruling on the case. A decision on how the ruling will affect the proceedings is expected on November 12.
Judge Merchan has already dismissed some arguments made by Trump’s lawyers to delay as “unsubstantiated grievances… that do not merit this Court’s attention”.
However, he stated that sentencing hearings are frequently postponed in other cases due to personal circumstances or scheduling conflicts.
“Given the unique facts and circumstances of this case, there is no reason why this Defendant should be treated differently than any other,” Judge Merchan said.
He added that his decision to delay “should dispel any suggestion” that the court would have made a decision that would be seen in support of “any political party or any candidate for any office”.
Trump has maintained that he did nothing wrong. He told Fox News after the ruling that the “case should be dead”.
On his social media platform Truth Social, the former president re-iterated his claims of innocence, dismissing the case as a “witch hunt” and a “political attack”.
“This case should be rightfully terminated, as we prepare for the Most Important Election in the History of our Country,” he wrote.
A spokesperson for Alvin Bragg, the Manhattan district attorney whose office brought the charges, said his team was “ready for sentencing on the new date set by the court”.
If Trump were to return to the White House, he would have the authority to pardon himself for any federal crimes for which he might be convicted. However, this power does not extend to state cases, such as the charges he faces in New York and Georgia related to election interference. Presidents do not have the legal ability to issue pardons for state-level convictions.
SOURCE: BBC
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