Donald Trump’s sentencing for hush money case likely to be pushed back after SCOTUS ruling

Donald Trump’s sentencing in his Manhattan hush money trial was thrown into limbo Tuesday after prosecutors agreed that the historic event should be delayed in light of the US Supreme Court’s ruling granting presidents immunity for “official acts.”

The Manhattan District Attorney’s Office wrote in a letter Tuesday that it does “not oppose” pushing back the former president’s July 11 sentencing in the felony fudging business records case so that Justice Juan Merchan can rule on Trump’s claim that prosecutors inappropriately used trial evidence from his time in the White House.

Prosecutors — writing that they believe Trump’s arguments are “without merit” — nonetheless agreed that the proceedings should be delayed while the judge rules on the presumptive Republican presidential nominee’s claims.

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“Although we believe defendant’s arguments to be without merit, we do not oppose his request for leave to file and his putative request to adjourn sentencing pending determination of his motion,” prosecutors wrote.

District Attorney Alvin Bragg’s office asked for a deadline of July 24 to respond to Trump’s motion, which his defense attorneys, Todd Blanche and Emil Bove, asked for permission to file by July 10.

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If Merchan approves the timeline, Trump won’t be sentenced until July 25 at the earliest, though it’s also possible that the hearing will be pushed back beyond that.

The delay would mean that Trump’s penalty in the case would remain up in the air until after he formally wins the GOP nomination at the Republican National Convention in Milwaukee, which starts on July 15.

Trump, 78, faces up to four years in prison, but could also be sentenced to probation or community service , after a Manhattan jury convicted him May 30 of covering up a $130,000 payout to porn star Stormy Daniels to hide alleged details of a sexual encounter from voters before the 2016 presidential election.

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The DA’s letter comes a day after Trump’s camp wrote a letter, which was posted to the public court docket Tuesday, urging Merchan to vacate the conviction in light of the high court’s ruling, which restricts how prosecutors can use evidence of a president’s “official acts” in bringing cases.

“This official-acts evidence should never have been put before the jury,”  the attorneys Blanche and Bove wrote.

“After further briefing on these issues…it will be manifest that the trial result cannot stand,” they added.

The hush money payout at the crux of the case was not an “official” presidential act but rather a personal action, according to an April 2023 ruling by Manhattan federal judge Alvin Hellerstein.

“The evidence overwhelmingly suggests that the matter was a purely a personal item of the President — a cover-up of an embarrassing event,” Hellerstein wrote. “Hush money paid to an adult film star is not related to a President’s official acts. It does not reflect in any way the color of the President’s official duties.”

Bragg’s prosecutors did use evidence during the hush money trial from Trump’s time as president, including checks he signed from the Oval Office and social media posts he posted while commander-in-chief.

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