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Trump hush money judge delays ruling on immunity following election win

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Trump’s Conviction Put on Hold Amidst Looming Inauguration

The judge overseeing Donald Trump’s criminal hush money case has put off ruling on whether the president-elect’s conviction should be thrown out on immunity grounds, enabling prosecutors to weigh next steps following his November 5 election victory.

Background

Justice Juan Merchan had been due to rule on Tuesday on Trump’s argument that the U.S. Supreme Court’s decision in July that presidents are immune from prosecution involving their official acts meant the New York state case should be dismissed. Instead, Merchan granted a request by Manhattan District Attorney Alvin Bragg’s office to have until November 19 to consider how to approach the case in light of Trump’s looming inauguration in January 2025, email correspondence made public on Tuesday showed. Trump’s scheduled November 26 sentencing is now widely expected to be postponed.

The Case

Trump in May became the first U.S. president – former or sitting – convicted of a crime when a jury in Manhattan found him guilty on 34 felony counts of falsifying business records to cover up a potential sex scandal shortly before his first election win in 2016. Trump, who pleaded not guilty, has vowed to appeal the verdict after sentencing.

Prosecution’s Position

Prosecutor Matthew Colangelo wrote there were "competing interests" between ensuring a criminal case proceeds as usual and protecting the office of the president. "The People agree that these are unprecedented circumstances," Colangelo wrote.

Trump’s Defense

Trump’s defense lawyer Emil Bove wrote that the case ultimately needed to be dismissed to avoid interfering with Trump’s presidential duties. "The stay, and dismissal, are necessary to avoid unconstitutional impediments to President Trump’s ability to govern," Bove wrote.

Trump’s Criminal Cases

Trump, 78, is hoping to enter office unencumbered by any of four criminal cases he has faced and which once were thought to have threatened to derail his 2024 candidacy to return to the White House after having served from 2017-2021. The Republican Trump has portrayed the hush money case brought by Bragg, a Democrat, and the three other state and federal criminal indictments brought in 2023 as politically motivated attempts to harm his presidential campaign. He pleaded not guilty in all four cases.

Supreme Court Decision

The Supreme Court, in a decision arising from one of Smith’s two cases against Trump, decided that presidents are immune from prosecution involving their official acts and that juries cannot be presented evidence of official acts in trials over personal conduct. It marked the first time that the court recognized any degree of presidential immunity from prosecution.

Conclusion

The outcome of Trump’s criminal case remains uncertain as the judge has put off ruling on whether the conviction should be thrown out on immunity grounds. The prosecution will weigh its next steps in light of Trump’s looming inauguration in January 2025. Trump is set to be the first felon inaugurated as president after his victory over Vice President Kamala Harris.

FAQs

  • What is the status of Trump’s criminal case?
    The judge has put off ruling on whether the conviction should be thrown out on immunity grounds, enabling prosecutors to weigh their next steps.
  • Why did the judge grant a request to delay the sentencing?
    The judge granted the request to consider how to approach the case in light of Trump’s looming inauguration in January 2025.
  • What are the implications of the Supreme Court’s decision on Trump’s criminal case?
    The Supreme Court’s decision that presidents are immune from prosecution involving their official acts may have implications for Trump’s criminal case, but the prosecution has argued that the case concerns "wholly unofficial conduct."
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