The judge in Donald Trump’s criminal hush money case has postponed ruling on whether Trump’s conviction should be dismissed on immunity grounds, allowing prosecutors to consider next steps following his November 5 election victory. Justice Juan Merchan had initially scheduled a Tuesday ruling on Trump’s argument that the U.S. Supreme Court’s recent decision—granting presidents immunity from prosecution for official acts—requires dismissing the New York state case.
Instead, Merchan granted a request by Manhattan District Attorney Alvin Bragg’s office, giving them until November 19 to determine their approach in light of Trump’s upcoming January 2025 inauguration, according to publicized email correspondence. Trump’s sentencing, originally set for November 26, will likely be rescheduled.
In May, Trump became the first U.S. president to be convicted of a crime when a Manhattan jury found him guilty on 34 felony counts for falsifying business records to cover up a potential sex scandal shortly before his 2016 election. Trump pleaded not guilty and plans to appeal the verdict.
Prosecutor Matthew Colangelo wrote that “competing interests” exist between advancing a criminal case as usual and safeguarding the presidency. “The People agree that these are unprecedented circumstances,” Colangelo added.
Trump, who is expected to become the first felon inaugurated as president after defeating Vice President Kamala Harris, faces legal challenges stemming from a $130,000 payment by his former lawyer Michael Cohen to adult film actress Stormy Daniels to silence her about an alleged 2006 encounter. Trump denies the encounter.
Trump’s defense lawyer, Emil Bove, argued for dismissing the case to prevent interference with Trump’s presidential duties. “The stay, and dismissal, are necessary to avoid unconstitutional impediments to President Trump’s ability to govern,” Bove wrote.
Having faced four criminal cases, Trump hopes to assume office free of any legal entanglements that once seemed poised to disrupt his 2024 campaign. Trump has portrayed the hush money case and three other indictments as politically motivated efforts to hinder his candidacy. He has pleaded not guilty in all four cases. “Americans want an immediate end to the weaponization of our justice system,” Trump campaign spokesperson Steven Cheung stated on Tuesday.
Special Counsel Jack Smith brought two cases against Trump: one over classified documents retained after leaving office and another concerning his attempts to overturn the 2020 election. In July, a Florida-based federal judge dismissed the documents case, and the Justice Department is evaluating how to wind down Smith’s election-related case. Trump also faces state charges in Georgia over his efforts to reverse his 2020 loss there, though that case remains unresolved.
In a recent decision, the Supreme Court ruled that presidents are immune from prosecution involving official acts and prohibited juries from seeing evidence of official acts in personal conduct cases, marking the first recognition of presidential immunity from prosecution. Trump’s legal team argues that the hush money case jury heard White House-related testimony and saw social media posts from Trump’s presidency, which they say violates his immunity. Bragg’s office countered that the case solely involves “wholly unofficial conduct,” as the Supreme Court ruled no immunity applies to a president’s unofficial acts.
