“Now that Americans have put a lawless man back in office, what happens to his sentencing in New York?”
— Karen StaleyKort, Ambridge, Pennsylvania
Hi Karen,
Judge Juan Merchan has already delayed Donald Trump’s sentencing multiple times, most recently to Nov. 26 so that it would happen after Election Day. But first, the judge is set to rule Tuesday on whether the president-elect can overturn his 34 guilty verdicts for falsifying business records in light of the Supreme Court’s immunity ruling.
If Merchan sides with Trump, then there’s no sentencing to be had. The question then would be when any retrial happens; like in the Georgia state case, that wouldn’t be until after Trump leaves office. But if the judge rejects Trump’s attempt to overturn his guilty verdicts, that doesn’t mean the sentencing will automatically proceed as scheduled. Even if Trump had lost the election, his lawyers previously said they would immediately appeal any adverse decision, potentially to the Supreme Court. So the latest sentencing date wasn’t a sure thing even before Trump’s presidential victory.
That victory could complicate matters further, as we might expect Trump’s lawyers to use his impending presidency to thwart further proceedings. But we’ll have to see what they do, what Merchan does in response, and what any appellate courts (including the Supreme Court) say about it. Incarceration is not mandatory in this case. But if any is imposed, we shouldn’t expect a sitting president to serve time. On that note, even in a hypothetical world in which Trump lost the presidency and was sentenced to some prison time later this month, he would still likely remain free pending a lengthy appeals process. So it’s not just Trump’s return to the White House that would delay his incarceration or serving any other sentencing conditions like probation. The next thing formally set is Merchan’s ruling Tuesday on whether Trump can overturn his guilty verdicts. But we’re in uncharted territory, and we’ve learned in Trump’s cases that the thing that would ordinarily happen is not always what happens. We’ll be sure to revisit the issue in next week’s newsletter. 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.
Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro," a book about the secret war on synthetic drugs. Before he joined MS NOW, he was a legal reporter for Bloomberg Law.
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