“Could the judge in the New York case just not sentence Trump and let it sit — then bring it back to a courtroom once Trump is out of office?”
— Pepper Parr, Carlisle, Ontario
Hi Pepper,
The short answer is: Maybe. It’s a question that Judge Juan Merchan may have to answer in the coming weeks. In fact, Manhattan prosecutors mentioned that possibility in a recent letter to the judge. They wrote, “Given the need to balance competing constitutional interests, consideration must be given to various non-dismissal options that may address any concerns raised by the pendency of a post-trial criminal proceeding during the presidency, such as deferral of all remaining criminal proceedings until after the end of Defendant’s upcoming presidential term.”
If the judge sides with Trump on either motion, then there’s no sentencing to be had.
Before we get to that possibility, Merchan needs to rule on Trump’s motions to dismiss the case and overturn his guilty verdicts. The soonest that could happen is next month after the prosecution responds to Trump’s forthcoming dismissal motion Dec. 9. If the judge sides with Trump on either motion, then there’s no sentencing to be had.
But to your question of could the judge put the case on hold, we’re in uncharted territory. The prosecution’s letter to the judge suggests that it’s a possibility they’re prepared to defend. Trump has been trying to put off his sentencing, but we’ll have to see what his position would be on the subject if his pre-sentencing motions are rejected. His lawyers have signaled that they would immediately appeal any adverse decisions on his pending motions — up to the Supreme Court if needed — so it’s unclear whether or when we will get to the point of sentencing before Trump takes office. That’s all to say that it’s possible all these issues won’t be settled before Inauguration Day on Jan. 20. And it’s unlikely that criminal proceedings in any case will continue against a sitting president. If prosecutors and Merchan seek to continue any remaining proceedings after Trump leaves office, one would imagine that he would seek to halt or quash them, though it’s unclear on what grounds he would do so. Ultimately, the answer of whether a trial judge can do anything — especially anything atypical — is answered by appellate courts. As ever, all roads lead back to the Supreme Court, where we may be wondering in 2029 what the justices will do. 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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