Judge Juan Merchan has rejected Donald Trump’s motion arguing that his guilty verdicts in his New York hush money case should be overturned on presidential immunity grounds. But it’s still unclear when sentencing will happen.
Even before Trump won the election, his lawyers had signaled that they would immediately appeal an adverse ruling before any sentencing could take place. So if they do immediately appeal, then the next step is up to the appellate courts — including potentially the Supreme Court, which granted Trump broad immunity in the federal election interference case. Trump has also filed a motion to dismiss the case due to his election as president earlier this month.
After a jury convicted Trump in May of 34 felony counts of falsifying business records, Trump was scheduled to be sentenced on July 11. But before that could happen, the Supreme Court’s Republican-appointed majority issued the immunity ruling July 1. Trump’s lawyers cited the ruling to argue that the verdicts should be overturned and the indictment should be dismissed, contending that evidence introduced at trial and in the grand jury ran afoul of the high court ruling.
“Even if this Court did find that the disputed evidence constitutes official acts under the auspices of the [Supreme Court’s presidential immunity] decision, which it does not, Defendant’s motion is still denied as introduction of the disputed evidence constitutes harmless error and no mode of proceedings error has taken place,” Merchan wrote in his ruling on Monday.
Sentencing in this case has been delayed multiple times, with Merchan pushing it until September and then to Nov. 26 because of the election. But Trump’s lawyers asked to pause the proceedings last month due to his impending White House return. Prosecutors agreed to request a postponement and Merchan allowed it.
Incarceration isn’t mandatory in this case and, even if Merchan imposes any, Trump wouldn’t serve time as president. In any event, he would likely remain free pending appeal of his convictions.
This case is the only one of Trump’s four criminal prosecutions that went to trial. His two federal cases have been dismissed before he takes office, while the fate of his New York and Georgia state cases is unclear. He pleaded not guilty in each of the cases.
This is a developing story. Check back for updates.
Subscribe to the Deadline: Legal Newsletter for expert analysis on the top legal stories of the week, including updates from the Supreme Court and developments in Donald Trump’s legal cases.
