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Trump hush money sentencing delayed until after US election

September 7, 2024

Judge Juan Merchan has decided to delay sentencing a convicted Donald Trump to "avoid any appearance" of influencing the US presidential election. US voters will cast ballots not knowing whether he is going to prison.

A seated man with an orange complexion and wearing a dark suit and red tie (former US President Donald Trump), looks into the camera in a New York courtroom
The White House or the big house? Voters won't know if Donald Trump is going to prison before election dayImage: Julia Nikhinson/AP/picture alliance

Juan Merchan, the New York judge overseeing Donald Trump's so-called hush money case, in which the Republican presidential nominee was found guilty of 34 federal crimes, announced Friday that he would not sentence the former president before the US presidential election on November 5.

Merchan said he was delaying sentencing from September 18 — at which time mail-in voting will be starting in some states — until November 26 in order to "avoid any appearance, however unwarranted" of impacting the election.

In May, a jury found Trump guilty on 34 legal counts related to a complicated scheme in which money was paid to Stephanie Clifford — an adult film actress better known by her professional name, Stormy Daniels — to keep her from publicizing an affair that threatened to derail Trump's 2016 presidential campaign.

The charges also applied to the numerous criminal steps taken to cover up the transaction and the story, such as the falsification of business records.

Trump was originally scheduled for sentencing on July 11, but that was delayed when the Supreme Court handed down a decision granting broad immunity to presidents. Merchan is to rule on whether to dismiss the case on grounds of immunity on November 12.

What did Judge Merchan say?

In a four-page decision, Merchan wrote that the public's confidence "in the integrity of our judicial system demands a sentencing hearing that is entirely focused on the verdict of the jury and the weighing of aggravating and mitigating factors free from distraction or distortion."

Merchan, who called the court "a fair, impartial and apolitical institution," said prosecutors had not opposed the defense's delay request.

"A jury of 12 New Yorkers swiftly and unanimously convicted Donald Trump of 34 felony counts. Danielle Filson, a spokesperson for the Manhattan District Attorney's Office, said on Friday. "The District Attorney's Office stands ready for sentencing on the new date set by the court."

Merchan wrote that the move to delay was "not a decision this court makes lightly but it is the decision which in this court's view, best advances the interests of justice."

The judge, whom Trump regularly accused of political bias during the trial, said the delay should "dispel any suggestion that the court will have issued any decision or imposed sentence either to give an advantage to, or to create a disadvantage for, any political party and/or any candidate for any office."

Merchan characterized the case by saying it "stands alone, in a unique place in this nation's history."

Trump to appeal against 'hush money' verdict

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What did Trump say?

Trump, who has sought to delay sentencing and even have the case dismissed, calling it "election interference," greeted the news on his social media account: "The Manhattan D.A. Witch Hunt has been postponed because everyone realizes that there was NO CASE, I DID NOTHING WRONG!... This case should be rightfully terminated, as we prepare for the Most Important Election in the History of our Country."  

Trump has vowed to appeal the jury's guilty verdict but cannot do so until after sentencing.

Trump enjoying good legal fortune

Friday's delay means voters will head to the polls without knowing if Trump is going to prison.

In July, a federal judge dismissed a stolen documents case in Florida. Then the Supreme Court's sweeping immunity decision delayed a federal case charging Trump with attempting to overturn an election, as well as a Georgia case on election interference.

So far, the hush money case is the only one that has gone to trial.

In theory, Trump could face decades in prison. However, beyond going down in history as the only former US president ever convicted of a felony crime, he is more likely to receive probation. 

Trump gets good, bad news in separate legal battles

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js/sms (AFP, AP)

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