Judge Juan Merchan of New York’s Supreme Court has granted Donald Trump a stay on sentencing in the hush-money trial, which was scheduled to take place next week. In a letter filed today, Merchan granted the president-elect’s request for leave “to file a motion to dismiss pursuant to Criminal Procedure Law” – basically, giving time to the defense to make a request to have the case thrown out entirely. According to the judge’s letter, that motion must be filed by December 2nd, with the People’s response due by December 9th. The judge’s decision today, which granted the stay without setting a new date, all but removes any possibility that Trump would be sentenced in this case before assuming office in January.
Manhattan District Attorney Alvin Bragg had previously shown that his office was open to the idea of delaying sentencing without throwing out the case entirely. In earlier court filings, Bragg stated that “the need to balance competing constitutional interests” meant that “consideration must be given” to shelving the case until Trump is out of office in 2029. The fate of the case now rests on the judge’s decision regarding Trump’s motion to dismiss and Bragg’s response to it.
Donald Trump was found guilty on 34 felony counts of falsifying business records in order to bribe a sex worker into keeping quiet about their encounter in 2016. This makes him the only former president ever convicted of a crime, and if the conviction stands, he will be the first person to assume the office of president of the United States with a criminal record.
Trump’s campaign spokesman and incoming White House communications director, Stephen Cheung, framed the decision as a major vindication for the incoming president, and spoke of the case as if it were already thrown out. Cheung stated that “all of the sham lawfare attacks against President Trump are now destroyed and we are focused on Making America Great Again.”