NY Judge Delays Trump ‘Hush Money’ Case Immunity Hearing

New York Judge Juan Merchan delayed a Tuesday decision on whether President-elect Trump’s conviction can withstand the Supreme Court’s presidential immunity ruling, following his election victory last week.

According to The Associated Press, Merchan told Trump’s lawyers on Nov. 12, when he was scheduled to make his decision, that he would make his ruling on Nov. 19, just days before Trump’s scheduled sentencing.

The Hill reports that Judge Merchan agreed to freeze the case until Nov. 19, newly public court records show, enabling prosecutors to respond to Trump’s demand the case be dismissed entirely now that he is president-elect. 

A jury found Trump guilty on all 34 counts of falsifying business records in the first degree in connection to payment made to porn star Stormy Daniels during the 2016 election.

Trump’s attorneys believe his election as president compels the dismissal of his criminal prosecutions. 

“The stay, and dismissal, are necessary to avoid unconstitutional impediments to President Trump’s ability to govern,” Trump attorney Emil Bove wrote in an email to the judge. 

Manhattan District Attorney Alvin Bragg’s (D) office agreed to delay the proceedings as they assess how to respond to Trump’s demand.  

“The People agree that these are unprecedented circumstances and that the arguments raised by defense counsel in correspondence to the People on Friday require careful consideration,” prosecutor Matthew Colangelo wrote to the judge. 

Trump’s sentencing was originally scheduled for July 11th, but it was delayed until September 18. Merchan delayed the sentencing date again until after the Nov. 5 presidential election to avoid the appearance of attempting to influence the outcome.

Trump’s sentencing is now scheduled for Nov. 26.

As Jonathan Turley opines on X:

The Manhattan case is delayed for a week. My friend Andy McCarthy has suggested that the delay could lead to a suspension for the next term. If so, that would hardly be welcomed by the Trump team. It would be a curious resolution to keep it unresolved…

The other possibility is that in roughly a week, the court could dismiss the case.  That would be warranted in my view. In any case, whatever the ruling, the ability of the Trump team needs to be able to appeal any case that is not dismissed. This case is riddled with reversible errors in my view.  The one option that should be rejected, in my view, is suspending during the pendency of the new administration.

…reversible errors.  I would be surprised if the option is suspension for the pendency of the coming term. It would produce the absurd status of a Damocles Sword dangling over the head of the president…

…Keep in mind that Merchan could sentence without any limitations on the movement or duties of the president. He could also dismiss a case that should never have been brought…

…The lawfare failed.  Trump won. Time to return the attractions to their cages and call the circus to an end in Manhattan.

…The delay is welcomed news to allow the Trump lawyers to make the case that the matter should be dismissed.  In the end, absent a dismissal, they will need a status that allows them to appeal to seek additional review.