New York prosecutors said it is up to the judge in Donald Trump's falsification of business records trial when the former president should be sentenced.
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Donald Trump likes to claim that the trial that made him a convicted felon amounted to “election interference,” and that District Attorney Alvin Bragg is engaged in a “witch hunt.”
That narrative took a bit of a hit on Monday, when Bragg’s team did not object to a request from the former president’s legal team to delay Trump’s sentencing date until after the election.
In a letter to Justice Juan Merchan, which was made public on Monday, the district attorney’s office said it should be up to the judge when he wants to announce Trump’s sentence.
“We defer to the Court on whether an adjournment is warranted,” prosecutors wrote. “The People are prepared to appear for sentencing on any future date the Court sets.”
After the former president was convicted of falsifying business records to hide the hush money payments he made to keep an affair with a porn star secret ahead of the 2016 election, Merchan had initially set a sentencing date for July 11.
However, that date was pushed back after the Supreme Court ruled that presidents enjoy immunity for official acts.
Merchan wanted to allow Trump’s lawyers to make the argument that the decision affected the case, which seems like a bit of a stretch since the former president was not in office when the crime was committed, which means it could not possibly have been an official act.
They did just that, and Merchan said he would rule on their motion on Sept. 16, then do a sentencing hearing two days later.
However, it seems highly probable that Trump’s lawyers will immediately appeal that first ruling, so there is no point in scheduling a sentencing hearing.
Put it all together, and it is likely that the former president’s legal team will succeed in delaying all four of his criminal cases until after the election.
The prosecutors acknowledged as much in their letter. They noted that the logistics of getting Trump to appear at a sentencing hearing would be significant, and that this would be a wasted effort if that hearing would then be pushed back.
“The People are mindful that significant public safety and logistical steps by multiple agencies are necessary to prepare for court appearances in this matter,” the letter states. “The defendant’s newly stated position concerning an immediate appeal [of the court’s ruling on the immunity question] may mean that significant preparatory steps are taken, only to have such steps disturbed by appellate litigation.”
Even if a sentencing hearing were to occur, it’s hard to believe that Trump would actually serve any part of his sentence before the election… not only because he almost certainly won’t be sentenced to jail but also because his lawyers would appeal any punishment.
Still, it would clearly not be in the former president’s interest to draw any attention to the fact that he is now a convicted felon.
Therefore, the timing of a sentencing hearing in this case is significant.
While it is unfortunate that Trump will continue to escape accountability, it is good to see that prosecutors and Merchan are making sure that everything is done by the book.
That won’t stop the former president from complaining about “election interference” or “witch hunts,” but at least it will give him less ammunition when his lawyers appeal whatever the sentence is.
