Republican Presidential Nominee Donald Trump asked Judge Juan Merchan Wednesday to delay the sentencing in his New York hush money criminal trial until after the November election, citing the reason as “election interference.”
Concerns Over Political Spectacle
The letter, which was seen by the public Thursday, argues that holding the sentencing hearing on September 18, as scheduled, would be a political spectacle and interfere with the election. September 18 falls about seven weeks before the November election.
Legal Team’s Strategy for Delaying Sentencing
Trump’s legal team also wrote in the letter to Merchan that delaying the sentencing hearing would also allow more time for them to strategize how to respond to the result of an earlier hearing on September 16, in which Merchan may overturn the verdict of the case due to new actions by the U.S. Supreme Court granting Trump broad immunity protections from criminal prosecution on actions undertaken while in office.
Next Steps if the Case is Not Dismissed
If Judge Merchan does not dismiss the case on September 16, the Trump legal team will pursue a yet-to-be-determined legal action, and having more than two days before the sentencing hearing would provide more space to pursue the next action.
Trump’s Legal Argument Against Rushing the Sentencing
Trump lawyers Todd Blanche and Emil Bove wrote to Judge Merchan, “There is no basis for continuing to rush.”
Previous Request for Judge’s Recusal
Merchan recently rejected the Trump team’s latest call for him to recuse himself from the case based on his daughter’s alleged political partisanship and bias.
Allegations of Conflict of Interest
Merchan’s daughter is a Democratic political consultant, and Blanche and Bove have repeatedly claimed that Merchan has a conflict of interest in Trump’s case.
Connections to Kamala Harris’s Campaign
His daughter consulted for Kamala Harris’s failed 2020 Presidential campaign before Harris was selected as President Joe Biden’s running mate.
Potential Impact of Delaying Sentencing
Trump’s lawyers wrote that delaying the sentencing until after the election, “The court would reduce, even if not eliminate, issues regarding the integrity of any future proceedings.”
Judge’s Response to Bias Allegations
Merchan has always maintained that he is able to be fair and impartial regardless of his daughter’s employment and political affiliations.
Decision Pending on Sentencing Delay
He has not decided whether to delay the sentencing hearing until after November 5. The prosecuting team from the Manhattan District Attorney’s office has also not responded to the request.
Concerns Over Election Integrity
Trump’s lawyers and supporters are concerned that the sentencing hearing will cast a pall over the otherwise free and fair election process. They cite concerns that early voters in some states will be able to cast their ballots as early as mid-September, within days of the sentencing hearing.
Potential for Appeal and Legal Review
With room and time left for Trump to appeal the outcome of the underlying case, it is far from over. Trump’s receiving a sentence presents the optics of a guilty verdict, which may not stand the scrutiny of appeal and legal review.
Impact of Supreme Court Ruling on the Case
This is especially true as the Supreme Court recently changed the entire legal structure around the conditions under which a former President can be charged with criminal actions in court.
While some of the actions involved in the hush money court case took place before the protections of the office of the President, another aspect of the Supreme Court ruling was very clear that actions undertaken while acting as President may not be used as evidence to prove the unlawful criminal actions taken in a personal capacity, such as before a president was elected to office, or once that President is no longer in office.
