Trump Seeks Sentencing Delay in Manhattan Criminal Case Until After Election

Former President and Republican presidential candidate Donald Trump attends his criminal trial at Manhattan Criminal Court in New York City, on May 30, 2024. Seth Wenig/POOL/AFP via Getty Images

Former President Donald Trump’s attorneys have asked the judge overseeing his business records falsification case in New York to postpone the former president’s sentencing from the end of September until after the November election.

Trump attorneys wrote in an Aug. 14 letter to Judge Juan Merchan that the former president’s sentencing, scheduled for Sept. 18, should be delayed until after the Nov. 5 presidential election, citing concerns over fairness, political implications, and ongoing legal challenges.

The letter, signed by Trump attorney Todd Blanche, details a number of reasons why the former president is asking for the adjournment, including the fact that early voting begins before Sept. 18, while highlighting alleged conflicts related to Merchan’s past affiliations and potential biases.

“Sentencing is currently scheduled to occur after the commencement of early voting in the Presidential election,” Blanche wrote. “By adjourning the sentencing until after that election—which is of paramount importance to the entire Nation, including tens of millions of people who do not share the views of Authentic, its executives, and its clients—the Court would reduce, even if not eliminate, issues regarding the integrity of any future proceedings.”

Authentic Campaigns is a business co-owned by Merchan’s daughter, who had previously worked closely with Vice President Kamala Harris in her 2020 campaign for president and had expressed support for her on social media.

The letter suggests that Merchan’s daughter’s involvement in political campaigns could cast doubt on the impartiality of the sentencing process, especially in the context of an ongoing congressional inquiry.

Another key argument raised by Blanche hinges on Trump’s claim of presidential immunity in light of the U.S. Supreme Court’s July 1 ruling that presidents have absolute immunity for actions within their “conclusive and preclusive constitutional authority,” presumptive immunity for official acts, and no immunity for unofficial acts.

Blanche wrote that the sentencing delay is needed for Trump to consider options for a potential appeal in response to Merchan’s expected Sept. 16 ruling on whether Trump’s conviction in the Manhattan business records falsification case should be vacated due to the Supreme Court’s ruling.

“The requested adjournment is also necessary to allow President Trump adequate time to assess and pursue state and federal appellate options in response to any adverse ruling,” Blanche wrote.

The Manhattan District Attorney’s office, led by Alvin Bragg, has yet to respond to the request for adjournment.

Bragg had charged Trump with 34 counts of falsifying business records as part of an effort to influence the 2016 presidential election.

A jury found Trump guilty in May, marking the first time in U.S. history that a former president has been convicted of a crime.

Trump has maintained his innocence, labeling the conviction as a politically motivated attack.

The former president’s third attempt to have Merchan recuse himself from overseeing the case was denied on Aug. 13.