Trump can seek dismissal of hush money case, as sentencing formally delayed

Donald Trump whitethorn question dismissal of the transgression lawsuit successful which helium was convicted successful May of 34 felony counts involving hush money paid to a porn star, a justice ruled connected Friday, portion besides indefinitely delaying Trump’s sentencing successful airy of his triumph successful the Nov. 5 U.S. statesmanlike election.

The sentencing had been scheduled to instrumentality spot adjacent Tuesday.

Prosecutors with Manhattan District Attorney Alvin Bragg’s bureau this week asked New York authorities Supreme Court Justice Juan Merchan to see deferring each proceedings successful the lawsuit until after Trump, 78, finishes his four-year statesmanlike word that begins connected Jan. 20.

Lawyers for Trump, a Republican, person argued that the lawsuit indispensable beryllium dismissed due to the fact that having it loom implicit him portion helium is president would origin “unconstitutional impediments” to his quality to govern.

Bragg’s bureau said it would argue against dismissal, but agreed that Trump deserves clip to marque his lawsuit done written motions.

Merchan connected Friday acceptable a Dec. 2 deadline for Trump to record his question to dismiss, and gave prosecutors until Dec. 9 to respond. The justice did not acceptable a caller day for sentencing oregon bespeak however agelong proceedings would stay connected hold. The justice besides did not bespeak erstwhile helium would regularisation on Trump’s question to dismiss.

The lawsuit stemmed from a $130,000 payment Trump’s erstwhile lawyer Michael Cohen made to big movie histrion Stormy Daniels for her soundlessness earlier the 2016 predetermination astir a intersexual brushwood she has said she had a decennary earlier with Trump, who denies it.

A Manhattan assemblage found Trump guilty of falsifying concern records to screen up his reimbursement of Cohen. It was the archetypal clip a U.S. president – erstwhile oregon sitting – had been convicted of oregon charged with a transgression offense.

Trump pleaded not blameworthy successful the case, which helium has sought to represent arsenic a politically motivated effort by Bragg, a Democrat, to interfere with his statesmanlike campaign.

“The American People person issued a mandate to instrumentality him to bureau and dispose of each remnants of the Witch Hunt cases,” Trump campaign spokesperson Steven Cheung said successful a statement.

A spokesperson for Bragg’s bureau declined to comment.

Falsification of concern records is punishable by up to 4 years successful prison. Before helium was elected, experts said it was improbable – but not intolerable – that Trump would look clip down bars, with punishments specified arsenic a good oregon probation seen arsenic much likely.

Trump’s triumph implicit Democratic Vice President Kamala Harris in the Nov. 5 predetermination made the imaginable of imposing a condemnation of jailhouse oregon probation adjacent much politically fraught and impractical, fixed that a condemnation could person impeded his quality to behaviour the duties of the presidency.

Trump was charged successful 3 further authorities and national cases successful 2023, 1 involving classified documents helium kept aft leaving bureau and 2 others involving his efforts to overturn his 2020 predetermination loss. He pleaded not blameworthy successful each 3 cases.

A Florida-based national justice successful July dismissed the documents case. The Justice Department is present evaluating however to upwind down the national election-related case. Trump also faces authorities transgression charges successful Georgia implicit his bid to reverse his 2020 nonaccomplishment successful that state, but that lawsuit remains successful limbo.

As president, Trump would person nary powerfulness to unopen down the New York oregon Georgia cases due to the fact that they were filed successful authorities courts. His Justice Department whitethorn adjacent the national cases.

Trump last week nominated his defence lawyers successful the hush wealth case, Todd Blanche and Emil Bove, to service elder roles astatine the Justice Department during his administration.

—Reporting by Luc Cohen successful New York; editing by Jonathan Oatis and Will Dunham