Trump's trial date in 'hush money' case postponed to September 18

Former U.S. President Donald Trump speaks as he leaves the courthouse after a jury found him guilty of all 34 felony counts during his criminal trial in New York State Supreme Court on May 30, 2024.

Justin Lane | By Reuters

A New York judge on Tuesday delayed Donald Trump's sentencing date in his criminal bribery case by more than two months, following a request by the former president's lawyers to challenge his conviction.

Trump's criminal sentencing, if it occurs, will take place on September 18, about seven weeks before the November 5 presidential election.

Presumptive Republican presidential nominee Donald Trump was scheduled to be sentenced on July 11. But Manhattan Supreme Court Justice Juan Merchan overturned that date in his order Tuesday, while granting a request from Trump's lawyers to file a motion to overturn his guilty verdict.

The request follows the Supreme Court's shock ruling on Monday that former presidents are entitled to presumptive immunity for all official acts they performed in office.

Trump's lawyers now have until July 10 to file a motion to overturn the court's verdict. Prosecutors, who have not opposed Trump's attempt to delay the sentencing date, must file their response by July 24.

Merchan said he would make a decision on the matter by Sept. 6. Trump's sentencing will take place on Sept. 18 at 10 a.m. ET, if that is still necessary, Merchan decided.

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The Supreme Court's decision, by a vote of 6-3, immediately threatens to jeopardize some of the many criminal cases pending against Trump.

The bribery case, which will likely be the only one against Trump to go to trial before the Nov. 5 presidential election, ended on May 30 with Trump's conviction on 34 counts of falsifying business records.

The case involved a $130,000 payment made shortly before the 2016 election to porn star Stormy Daniels, who claims she had sex with Trump while he was married years earlier. Trump's former lawyer, Michael Cohen, who made the payment, was reimbursed by Trump after he became president.

In a letter to Merchan on Monday, Trump's lawyers requested a July 10 deadline to submit a legal memo supporting their request to overturn the guilty verdict.

And because of the complexity of the issues presented, they added, President Trump does not object to adjourning the July 11, 2024, sentencing date to allow sufficient time for a full briefing, oral argument, and decision.

The lawyers argued in the letter that, under the Supreme Court's latest ruling, some evidence presented by prosecutors at trial should never have been presented to the jury “because it concerned official presidential acts.” Their letter referred to the then-president's social media posts and public statements.

The verdicts in this case violate the doctrine of presidential immunity and create serious risks of executive self-cannibalism, they wrote, citing the majority opinion of Chief Justice John Roberts.

After further information on these issues from July 10, 2024, it will be clear that the outcome of the trial cannot stand, Trump's lawyers wrote.

Prosecutors from the Manhattan District Attorney's office, in their own letter to Merchan on Tuesday, said they believed Trump's arguments were without merit.

But we do not oppose his request for leave to file and his purported request to adjourn sentencing pending the decision on his motion, prosecutors wrote.

The Supreme Court's decision is part of a separate criminal case accusing Trump of illegally conspiring to overturn his loss to President Joe Biden in the 2020 election.

The case was put on hold for months as Trump and special counsel Jack Smith debated whether former presidents were immune from prosecution for their official actions.

Judges in the federal district court and the federal appeals court in Washington, D.C., rejected Trump's request for absolute immunity for all official acts.

But the Supreme Court's six-member conservative majority overturned those decisions, ruling Monday that former presidents enjoy at least presumptive immunity from prosecution for such acts.

That immunity remains until the government can demonstrate that applying a criminal prohibition to the act would not pose a danger of intrusion into the authority and functions of the executive branch, Roberts wrote.

The majority also appears to limit the evidence that can be used in a criminal prosecution of a former president, even if he is accused only of unofficial conduct.

Using evidence of official conduct in such prosecutions would defeat the purpose of the president’s immunity, Roberts wrote. It would increase the risk that the president’s official decision-making could be distorted.

The decision drew a vehement response from the court's three liberal justices, including Sonia Sotomayor, who expressed fear for our democracy in a scathing dissent.

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