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By Jon Jackson and Rachel Dobkin
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Judge Juan Merchan on Friday postponed the sentencing in President-elect Donald Trump's New York criminal hush money case indefinitely.
Trump was set to be sentenced next week after Merchan agreed to hold off on the sentencing until after the November 5 election, which Trump won against Vice President Kamala Harris. Trump's original sentencing date was July 11.
Merchan did not announce a new sentencing date in the scheduling order. He gave Trump's legal team until December 2 to file an argument for dismissal in light of Trump's election victory, while prosecutors will have one week to respond.
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Merchan also delayed his decision on another argument from Trump's team that the case should be dismissed on the grounds of presidential immunity. He was originally supposed to decide on those motions by November 19.
Trump's communications director, Steven Cheung, said in a statement emailed to Newsweek on Friday, "In a decisive win for President Trump, the hoax Manhattan Case is now fully stayed and sentencing is adjourned. President Trump won a landslide victory as the American People have issued a mandate to return him to office and dispose of all remnants of the Witch Hunt cases. All of the sham lawfare attacks against President Trump are now destroyed and we are focused on Making America Great Again."
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Trump won 312 electoral votes, including those in all seven swing states, while Harris won 226 votes. While the popular vote is still being tallied, Trump currently has 76,942,246 and Harris has 74,450,212, according to the Cook Political Report, a non-partisan group that analyzes elections.
Newsweek reached out to Manhattan District Attorney Alvin Bragg's office via email for comment Friday.
What Was Donald Trump Convicted Of?
In late May, Trump was found guilty on 34 counts of falsifying business records related to hush money paid to adult film actress Stormy Daniels shortly before the 2016 presidential election. Daniels alleges she had a sexual encounter with Trump in 2006, which he denies. The former president has maintained his innocence, claiming the case is politically motivated.
Trump's legal team filed a motion in early July to dismiss the case and vacate the jury's verdict in light of the Supreme Court's presidential immunity ruling. On July 1, the Supreme Court ruled that former presidents have immunity from criminal prosecution for official acts, but not for unofficial acts.
The controversial decision stemmed from a separate federal election interference case against Trump related to the Capitol riot on January 6, 2021. Trump has pleaded not guilty to all charges in the Justice Department's case against him and, again, claims it is politically motivated.
What Has Trump's Lawyers Said?
Trump's lawyers Todd Blanche and Emil Bove argued in a filing Wednesday that the sentencing hearing, and the entire case, should be "immediately dismissed" because of presidential immunity, which they argued Trump is already awarded because of his "overwhelming victory" in the 2024 presidential election.
"Just as a sitting President is completely immune from any criminal process, so too is President Trump as President-elect," said Blanche and Bove, who have been tapped for high-ranking positions in Trump's incoming Justice Department.
What Have New York Prosecutors Said?
Bragg's office said they would challenge Trump's attempts to dismiss the case while acknowledging that the president-elect's sentencing might need to occur after his second term.
"The People deeply respect the Office of the President, are mindful of the demands and obligations of the presidency, and acknowledge that Defendant's inauguration will raise unprecedented legal questions," Bragg's office said in their filing.
They added: "Given the need to balance competing constitutional interests, consideration must be given to various non-dismissal options that may address any concerns raised by the pendency of a post-trial criminal proceeding during the presidency, such as deferral of all remaining criminal proceedings until after the end of Defendant's upcoming presidential term."
Trump's lawyers argued their client can't be sentenced after his second term because it's too long of a wait.
Update 11/22/24 12:07 p.m. ET: This story has been updated with additional information and comment from Cheung.
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