A New York judge has postponed Donald Trump’s sentencing until September as his lawyers seek to challenge his conviction after a Supreme Court ruling.
Trump was originally scheduled to be sentenced on July 11.
His legal team has asked for his conviction in a bribery case to be overturned after the country’s highest court ruled Monday that former presidents enjoy partial immunity for “official” acts while in office.
Judge Juan Merchan said Tuesday he would issue a decision on the motions by Sept. 6.
If sentencing is necessary, the judge wrote, it will take place on September 18.
In May, a New York jury convicted Trump of 34 counts of falsifying business records, making him the first former president ever convicted of a crime.
Prosecutors said Trump reimbursed his henchman, Michael Cohen, for money paid to silence an adult film star who alleged she had an affair with Trump. The money, paid on the eve of the 2016 election, was concealed by misrepresenting it as legal fees.
This is the first of four criminal cases involving Trump to go to trial.
In a post on Truth Social shortly after Judge Merchan’s decision, Trump wrote that the delay constituted a “TOTAL EXONERATION!” and that it “ended” the “witch hunt against me.”
However, the decision only suspends the proceedings until the judge renders his decision.
On Monday, the Supreme Court issued a shock ruling that Trump – and other former presidents – enjoy immunity from prosecution for “official acts.”
The challenge stems from a federal criminal case against Trump accusing him of trying to overturn the results of the 2020 election, but it could have repercussions for his other legal battles.
Seeking to capitalize on the Supreme Court’s decision, Trump’s lawyers in the New York case quickly sought to overturn May’s conviction.
They said the Supreme Court’s decision was relevant here because some of the events and evidence at the heart of the case took place while Trump was in the White House.
The Manhattan district attorney’s office, which prosecuted Trump, responded that Trump’s argument was “meritless” but requested a July 24 deadline to file a response.
However, legal experts say the challenge could prove to be an uphill battle for Trump.
“The allegations in the New York fraud case in which Trump was convicted appear clearly to relate to Trump’s off-the-record conduct, none of which appears to involve his official duties,” said Mark Zauderer, a New York appellate attorney.
“While Trump may be able to defend his immunity in some of his cases, he will have a very difficult time succeeding with that argument in the New York case.”
Prosecutors have proven that Cohen, acting at Trump’s request, paid adult film star Stormy Daniels $130,000 to keep quiet about an alleged sexual encounter with Trump in 2006. The payment occurred while Trump was still running for president.
Trump then reimbursed Cohen in installments starting in early 2017, falsely recording them as legal fees.
It might be difficult to convince a court that such behavior constitutes “official” presidential acts, said Philip Bobbitt, a constitutional law scholar.
“I just don’t see that,” he told the BBC.
