Judge delays Trump 'Hush Money' sentencing 'indefinitely' to decide what's next

A New York court has postponed the sentence in Donald Trump's hush money case, allowing the US president-elect to argue for a dismissal of the conviction before assuming office on January 20.

Former President Donald Trump walks to make comments to members of the media after a jury convicted him of felony crimes for falsifying business records in a scheme to illegally influence the 2016 election, at Manhattan Criminal Court in New York, on May 30, 2024.

Seth Wenig/AP

On Friday, Judge Juan Merchan canceled a sentencing hearing scheduled for Tuesday without assigning a new date.

Both prosecution and defense attorneys have requested that the case be paused to deal with an unusual legal situation: sentencing an incoming president based on a criminal conviction.

Merchan also decided that Trump's team can file a request to dismiss the lawsuit. Prosecutors indicated they would oppose overturning the conviction.

Trump was found guilty in May of all 34 charges of falsifying company records in connection with hush money payments made to porn star Stormy Daniels to conceal an alleged sexual encounter prior to the 2016 presidential election.

Merchan wrote in his ruling: "The joint application for a stay of sentencing is granted to the extent that the November 26, 2024 date is adjourned."

Trump's attorneys want the case dismissed outright. Earlier this week, they submitted a motion claiming that pursuing the prosecution would disrupt the "orderly transition" of power as Trump takes office.

Trump's legal team said that the state charges, filed by a Democratic district attorney against the Republican former president, were politically motivated.

The US Department of Justice has a regulation that prohibits prosecuting sitting presidents, which Trump's attorneys argue should be extended to states.

They also outlined the Presidential Transition Act, which emphasizes the role and responsibilities of the president-elect.

"On November 5, 2024, the Nation's People issued a mandate that supersedes the political motivations of [the district attorney's] 'People'," according to them. "This case must be immediately dismissed."

For its part, District Attorney Alvin Bragg's staff acknowledged the situation's unusual nature and did not object to the case being paused.

They did, however, reject the idea that Trump is indefinitely immune from prosecution, pointing out that the president-elect was convicted prior to his reelection when he did not have special protection.

Bragg urged the court to strike a balance between respect for the presidency and the "fundamental role of the jury in our constitutional system" by postponing the case until Trump, 78, leaves office in early 2029.

On Friday, Merchan set a December 2 deadline for Trump's lawyers to file the move to dismiss. Bragg must respond by December 9.

In a court system that relies heavily on precedent, dealing with a president-elect's conviction on state charges is new ground.

The New York case is one of four sets of criminal accusations that Trump faces following the conclusion of his first term in 2021.

The former president has been prosecuted by the Justice Department and Georgia state prosecutors for attempting to change the results of the 2020 presidential election, which he lost, using bogus charges of voting fraud. He was also charged on federal charges of mishandling confidential government papers.

Trump has denied culpability in all of the instances, calling them a "witch-hunt" by his political opponents.

Following the announcement of his new attorney general nominee, Pam Bondi, on Friday, he reaffirmed his accusation that he is being targeted for political purposes.

"For too long, the partisan Department of Justice has been weaponized against me and other Republicans - not anymore," he said in a social media post.

"Pam will refocus the DOJ [Department of Justice] to its intended purpose of fighting Crime, and Making America Safe Again."

Trump has overcome the legal challenges that have plagued him in recent years, winning the Republican Party's presidential nomination this year and defeating Democratic Vice President Kamala Harris in the general election on November 5.

His record as a "convicted criminal," which Democrats emphasized repeatedly during the campaign, did not appear to sway many American voters against him.