Trump's lawyers argue that if the judge denies Trump's motion to dismiss the verdict, they won't have sufficient time to adequately prepare an appeal before his sentencing.
On Monday, prosecutors from the Manhattan district attorney's office indicated they will defer to the judge regarding former President Donald Trump's request to postpone his sentencing on falsifying business records charges until after the election.
The sentencing is set for September 18, two days after New York State Judge Juan Merchan is expected to decide on Trump's motion to overturn his conviction in light of the U.S. Supreme Court’s recent ruling on presidential immunity in a separate case.
Prosecutors stated they would "defer to the Court on the appropriate post-trial schedule that allows for adequate time to adjudicate defendant’s CPL § 330.30 motion while also pronouncing sentence 'without unreasonable delay,'" referring to Trump’s motion to set aside the verdict.
They emphasized that Trump’s request concerns evidentiary issues rather than immunity from prosecution and noted that the Supreme Court did not address whether evidentiary rulings related to immunity are immediately appealable.
Additionally, they pointed out that the logistical and security preparations required for Trump's sentencing could be disrupted if he seeks appellate intervention immediately after Merchan’s ruling on September 16.
Trump’s lawyers, in a letter filed last week, argued that the current timeline would not provide them enough time to effectively pursue an appeal before sentencing if Merchan denies their motion to dismiss.
Trump’s attorneys, Todd Blanche and Emil Bove, argued in their filing, “A single business day is an unreasonably short period of time. There is no justification for continuing to rush the process.”
Trump was convicted on 34 counts of falsifying business records in connection with a hush money payment to adult film star Stormy Daniels during the final days of the 2016 presidential campaign. This marked the first time a former president has been convicted of a crime.
Originally set for July 11, Trump's sentencing was postponed until September at his request. His lawyers had argued that they needed additional time to present their case that the Supreme Court’s July 1 decision on presidential immunity in Trump's federal election interference case should lead to the overturning of his New York conviction.
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Trump's legal team argues that the Supreme Court's immunity ruling implies that Manhattan prosecutors should not have been permitted to introduce evidence of his "official acts" at trial, including testimony from former White House aide Hope Hicks about a conversation with Trump during his presidency. Prosecutors, however, assert that the Supreme Court’s decision did not affect the evidence presented at trial, which focused on Trump's personal conduct.
If Judge Merchan approves another postponement, it would be a significant win for Trump, who was previously facing the possibility of four criminal trials this year. A federal judge in Florida dismissed the classified documents case against him in July, the Supreme Court's ruling on presidential immunity has delayed the federal election interference trial for several months, and the Georgia election interference case is postponed until at least December while Trump appeals a judge’s decision not to disqualify Fulton County District Attorney Fani Willis' office from the case.
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