Attorneys representing former President Donald Trump have requested a delay in his sentencing, citing ongoing activity in his separate federal case. In May, Trump was found guilty by a jury on 34 counts of falsifying business records. Judge Juan Merchan initially set a July 11 sentencing date but later rescheduled it for September 18. On September 16, the judge will consider Trump’s request to overturn the jury’s verdict based on claims of immunity.
In a letter received by the court on August 30, Trump’s lawyers asked Judge Merchan to refrain from issuing a sentencing decision before the November election, arguing that it could impact voting. The attorneys referred to special counsel Jack Smith’s revised indictment in Trump’s election interference case, which was issued following a U.S. Supreme Court opinion in July stating that presidents are immune from prosecution for their official acts.
The letter stated that there is no valid reason to sentence President Trump prior to November 5. His lawyers argued that the current timeline for sentencing is unnecessarily accelerated compared to other special counsel-related cases addressing similar issues.
According to the attorneys’ letter, the special counsel’s office received an updated indictment from a new grand jury that had not previously heard evidence in this case. Last week, Trump also requested that a federal court in Manhattan take up his state criminal case after the Supreme Court ruling and suggested that no sentence should be imposed until this matter is resolved.
Trump’s attorneys urged Judge Merchan not to issue any substantive orders until the federal court makes its decision regarding moving the case. However, their request was rejected as “deficient” by the federal court due to missing written permission from prosecutors or the court and failure to meet other requirements.
Prosecutors have not opposed Trump’s efforts to postpone his sentencing date and Manhattan District Attorney Alvin Bragg’s office indicated they will defer judgment to Judge Merchan. Previously, Trump’s legal team argued against holding a September sentencing date as it would potentially impact early voting during some jurisdictions’ General Election mail ballot distribution.
In May of this year, Donald Trump became the first sitting or former president convicted on felony charges when he was found guilty of falsifying business records related to alleged payments made during his 2016 campaign which he has denied involvement with.
Separately, Special Counsel Jack Smith has appealed for revival of another case involving classified documents after it was dismissed earlier this summer by U.S District Judge Aileen Cannon who ruled Smith had been improperly appointed as special counsel by Attorney General Merrick Garland.