The judge presiding over Donald Trump's hush money trial has decided to delay a crucial ruling on presidential immunity until just two days before Trump's scheduled sentencing. Originally, the immunity decision was expected on September 6, with the sentencing set for September 18. However, Trump's legal team requested Judge Juan M. Merchan to first rule on their renewed motion for the judge to step aside from the case.
In a letter released to the public on Tuesday, Judge Merchan announced that the immunity ruling has been postponed to September 16, pending his decision next week on whether to recuse himself from the case. Despite this delay, Trump is still required to appear in court on September 18 for the sentencing or any other necessary proceedings.
The Manhattan district attorney's office, responsible for prosecuting the case, declined to provide any comments on the matter. Both prosecutors and Trump's lawyers were contacted for a response.
In May, a Manhattan jury found Trump guilty of falsifying business records to conceal a payment made to adult film actress Stormy Daniels just before the 2016 election. Trump has consistently denied the allegations, claiming the case is politically motivated. The Manhattan DA, Alvin Bragg, is a Democrat.
Trump's legal team is now citing a Supreme Court ruling from July regarding presidential immunity as grounds to overturn the guilty verdict and dismiss the hush money case entirely. They argue that evidence presented during the trial, including testimony from White House staffers and Trump's tweets while in office, should not have been allowed under the Supreme Court's ruling.
The Supreme Court's decision limits prosecutions of former presidents for official acts and restricts the use of official acts as evidence of potential illegal unofficial actions. However, the Manhattan district attorney's office asserts that this ruling does not apply to the hush money case, as it involves unofficial actions for which the former president is not immune.
Furthermore, Trump's legal team has made a third request for Judge Merchan to recuse himself from the case, pointing to his daughter's previous work for Vice President Kamala Harris' 2020 presidential campaign as a potential conflict of interest. Despite two prior rejections of recusal requests, Trump's lawyer argues that the judge's daughter's connection to a potential Democratic presidential nominee raises concerns about impartiality that have not been adequately addressed.