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USA TODAY

Donald Trump's New York hush money sentencing in jeopardy as case deadlines paused

Aysha Bagchi, USA TODAY
Updated
3 min read

A New York court suspended all the current deadlines in President-elect Donald Trump's New York hush money case, including a scheduled Nov. 26 sentencing on his 34 felony convictions.

Judge Juan Merchan was scheduled to issue a decision Tuesday on whether the Supreme Court's broad presidential immunity ruling means Trump's 34 felony convictions must be tossed out. But the pause on the case until Nov. 19, which was made public Tuesday, means that ruling won't come this week.

It's unclear what the new decision to pause the current deadlines means for whether Trump will ever be sentenced. Merchan ordered prosecutors to provide an update on their view of how to proceed in the case, in light of Trump's presidential election victory.

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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 about an alleged sexual encounter between them.

In a statement to USA TODAY, Trump campaign spokesperson Steven Cheung said American voters gave Trump a mandate when they elected him last week.

"It is now abundantly clear that Americans want an immediate end to the weaponization of our justice system, including this case, which should have never been filed, so we can, as President Trump said in his historic victory speech, unify our country and work together for the betterment of our nation," Cheung said.

Manhattan District Attorney Alvin Bragg's office didn't immediately respond to a request for comment.

Prosecution and Trump legal team agree to pause

Trump's legal team asked prosecutors Friday to agree that proceedings should be paused in light of how Trump's election victory could impact the case, according to an email prosecutor Matthew Colangelo sent to the court Sunday.

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Colangelo wrote that prosecutors were agreeing because they want to consider what next steps would "balance the competing interests of (1) a jury verdict of guilt following trial that has the presumption of regularity; and (2) the Office of the President."

Trump lawyer Emil Bove responded in an email that there are "strong reasons" for pausing the current deadlines and eventually dismissing the case.

The email exchange, including a response from Merchan's law clerk granting the request on Sunday, was made public Tuesday.

Why Trump's election helps him in criminal cases

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

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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. Already, 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 has uncertain implications for Trump's post-conviction New York proceedings.

This article originally appeared on USA TODAY: Trump NY felony sentencing in question as judge puts deadlines on hold

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