Donald Trump's Nov. 26 sentencing in hush money case on hold as prosecution due to weigh in

This story was updated to clarify the sentencing date was put on hold earlier this month.

President-elect Donald Trump's Nov. 26 sentencing date in his New York hush money case is on hold as prosecutors face a Tuesday deadline to advise the judge on how to proceed in light of Trump's election victory.

The sentencing was listed as adjourned on the New York criminal court docket as of Tuesday morning, after Judge Merchan paused all deadlines in the case earlier this month.

Before his election victory, Trump argued that his 34 felony convictions should be tossed out based on the Supreme Court's July 1 presidential immunity decision. On Nov. 10, after his victory, Trump lawyer Emil Bove argued in an email to Judge Juan Merchan that the case should also be dismissed based on the election, in order to "avoid unconstitutional impediments to President Trump's ability to govern."

Trump was found guilty May 30 of 34 felony counts of falsifying business records in order to cover up a hush money payment to buy porn star Stormy Daniels' silence ahead of the 2016 presidential election. Daniels alleged the pair had a sexual encounter, a claim Trump denies.

If Trump ever faces a sentencing hearing, Merchan has a wide set of options, including not imposing a sentence, ordering community service, or sending Trump to prison.

It's an open legal question, however, whether Merchan could impose restrictions that apply during Trump's presidency, or even in the few months before. No president-elect has been facing sentencing while approaching office, so courts have never ruled on what is permissible before.

Regardless, Trump's election victory is a major boon to him when it comes to his criminal cases. The Justice Department is weighing how to proceed with its two federal cases in light of the election. Justice Department policy states that a sitting president can't be criminally prosecuted under the Constitution.

While the question is unprecedented, many legal experts expect both state and federal prosecutors would be prohibited from prosecuting a sitting president.

That would mean delaying the Georgia state prosecution against Trump for his alleged 2020 election interference past his next presidential term, and it has uncertain implications for Trump's post-conviction New York proceedings.

This article originally appeared on USA TODAY: Trump's NY criminal sentencing on hold as prosecutors set to weigh in