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Former President Donald Trump asked a New York judge to delay the sentencing in his criminal hush money case until after the November election, arguing the only reason for the current schedule is to interfere in the campaign.
Trump is scheduled to be sentenced Sept. 18 on 34 felony counts of falsifying business records tied to a sex scandal cover-up during the 2016 presidential election, after a Manhattan jury found him guilty on all counts in May.
Judge Juan Merchan has said he plans to rule Sept. 16 on Trump’s motion to toss out the guilty verdict based on a controversial July Supreme Court ruling granting former presidents wide immunity from prosecution, and that sentencing will go forward if it remains necessary after his decision.
In the Wednesday letter requesting delay, Trump’s legal team argued Manhattan District Attorney Alvin Bragg shouldn’t be allowed to file a sentencing recommendation while Trump’s immunity motion is still pending, since there won’t be any sentencing if Trump wins the motion, and the recommendation itself could harm the Republican presidential nominee. By delaying sentencing, Merchan would fix that problem, they said.
The prosecution’s sentencing recommendation will include what the Supreme Court described in its immunity ruling as “the ‘threat of punishment,’ in a manner that is personally and politically prejudicial to President Trump and his family, and harmful to the institution of the Presidency,” according to the letter.
The Trump legal team also argued they should have the option to fully appeal Merchan’s expected immunity ruling before any sentencing takes place – a proposition that would likely push sentencing back at least months.
“Put simply, until (Bragg’s) Presidential immunity violations are addressed fully and finally, this Court may not ‘adjudicate’ the matter—including at sentencing,” Trump’s lawyers wrote.
The Trump legal team also characterized the current schedule as rushed, and said there is no basis to continue with that course apart from “naked election-interference objectives.”