Donald Trump was gifted yet another big win Tuesday morning after Manhattan prosecutors agreed to postpone his criminal sentencing so Judge Juan Merchan could weigh whether Monday’s immunity ruling by the Supreme Court may render his conviction moot.
Merchan wrote in a motion hours later that he’d push back Trump’s sentencing hearing to Sept. 18 if it’s “still necessary.” That’s more than two months later than the initial sentencing date.
Trump has fought tooth and nail to have each of his criminal trials pushed back until after the 2024 election—a once-lofty goal that appears to be inching toward reality after a favorable Supreme Court ruling.
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The former president was convicted of 34 felony counts of falsifying business records in New York—crimes related to a coverup during his 2016 presidential campaign that sought to hide an alleged affair with porn star Stormy Daniels.
Trump’s case in New York did not pertain to his presidency or official acts, which the Supreme Court ruling provides explicit immunity for, but involved his personal activity during his campaign. Still, his lawyers argued Monday that prosecutors had built their case partly on evidence from his time in the White House and that he should now be immune from a conviction.
The Manhattan District Attorney’s Office wrote a letter to Merchan on Tuesday to indicate they didn’t oppose Trump’s request to delay the sentencing, even though they firmly believe Trump’s conviction should still stand.
“Although we believe defendant’s arguments to be without merit, we do not oppose his request for leave to file and his putative request to adjourn sentencing pending determination of his motion,” wrote the assistant district attorney Joshua Steinglass, according to CBS News.
Trump was originally set to be sentenced on July 11, with him looking at up to four years in prison. Legal experts told The Daily Beast his previously-clean criminal record means he’ll likely not be sent to prison, however, and is more likely to be slapped with probation.