The Manhattan District Attorney's office has indicated it would not oppose delaying former President Donald Trump's sentencing in the hush money criminal case.
According to The Hill, prosecutors stated they would defer to Judge Juan Merchan's decision on whether to postpone the sentencing currently scheduled for September 18. This development comes in response to Trump's request for a delay until after the November presidential election.
In a two-page letter made public on Monday, state lawyer Matthew Colangelo responded to Trump's delay request. While prosecutors maintained that some of Trump's arguments lacked merit, they acknowledged the potential need for an adjournment to allow for orderly appellate litigation or to reduce the risk of disruptive stays from appellate courts.
Trump's legal team has based part of their delay request on the recent Supreme Court ruling regarding presidential immunity. The former president asserts that he will immediately appeal if Judge Merchan doesn't overturn the guilty verdict in light of this decision. The immunity ruling found that former presidents have presumptive protection from criminal prosecution for official acts taken while in office.
Prosecutors have challenged Trump's interpretation of how the immunity ruling affects his case. They argue that the ruling does not protect the evidence in question, and even if it were, any error would be harmless and should not impact the verdict. However, the possibility of appeals based on this issue has contributed to the consideration of a sentencing delay.
Judge Merchan has stated that he will rule on the immunity issue by September 16, just two days before the currently scheduled sentencing date. This tight timeline raises concerns about potential last-minute appeals disrupting the sentencing proceedings.
The prosecutors' letter highlighted the significant public safety and logistical steps required when Trump appears in court. Multiple agencies are involved in these preparations, which could be disrupted by last-minute appeals or stays from appellate courts.
Colangelo wrote in the filing:
Nonetheless, given the defense's newly-stated position, we defer to the Court on whether an adjournment is warranted to allow for orderly appellate litigation of that question, or to reduce the risk of a disruptive stay from an appellate court pending consideration of that question.
This statement suggests that while prosecutors are not actively seeking a delay, they recognize the potential complications that could arise from proceeding with the current schedule.
While showing openness to a potential delay, prosecutors firmly rejected other arguments presented by Trump's legal team. They dismissed renewed concerns about Judge Merchan's daughter's work at a progressive digital agency as "bizarre." The judge has previously rejected Trump's calls for recusal, citing guidance from a state ethics group.
Trump's lawyers have also argued that the conviction is tainted because the jury was exposed to evidence that may now be considered protected under the Supreme Court's immunity ruling. This evidence includes testimony from White House aides, a government ethics form, and some of Trump's tweets while in office.
Prosecutors maintain that this evidence is not protected by the immunity ruling and that even if it were, it would not invalidate the verdict. They argue that any potential error in admitting this evidence would be harmless in the context of the overall case.
The Manhattan District Attorney's office has signaled openness to delaying Trump's sentencing in the hush money case, deferring to Judge Merchan's decision. This stance is primarily in response to potential appeals related to the Supreme Court's immunity ruling. While rejecting other arguments from Trump's team, prosecutors acknowledge the logistical challenges and potential disruptions that last-minute appeals could cause. The final decision on whether to delay the sentencing now rests with Judge Merchan, with significant implications for both the legal proceedings and the upcoming presidential election.
