CNN
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Manhattan prosecutors aren’t explicitly opposing Donald Trump’s proposal for a sentencing delay in his hush cash case till after the presidential election.
Final week, Trump requested Decide Juan Merchan to postpone his sentencing – at present set for September 18 – till after the November election, arguing partly that he received’t have sufficient time to attraction the decide’s choice on presidential immunity, which is anticipated by September 16.
In a two-page response, prosecutors wrote that, “[G]iven the protection’s newly-stated place, we defer to the Court docket on whether or not an adjournment is warranted to permit for orderly appellate litigation of that query, or to cut back the danger of a disruptive keep from an appellate court docket pending consideration of that query. The Individuals are ready to seem for sentencing on any future date the Court docket units.”
Prosecutors added that they’re “conscious” of the safety measures crucial to arrange for court docket appearances, and if Trump ought to search a direct attraction of the ruling, it may imply that “vital preparatory steps are taken, solely to have such steps disturbed by appellate litigation.”
If Merchan agrees to maneuver the date, it may imply that Trump received’t be sentenced till properly into the longer term. If the decide denies Trump’s movement on immunity and Trump pursues quite a few rounds of appeals in state and federal court docket, it will doubtless be a number of months or longer till these appeals are accomplished. Appeals courts may keep Trump’s sentencing till that course of is over.
Trump was convicted earlier this yr on 34 felony counts of falsifying enterprise data to cowl up a cost to silence a porn star who mentioned she had a sexual relationship with Trump from talking earlier than the 2016 election. Trump has denied the connection.
Trump argues the Supreme Court docket’s current ruling on presidential immunity signifies that sure proof, such because the testimony of former White Home aide Hope Hicks and tweets he despatched whereas in workplace, mustn’t have come earlier than the jury. Prosecutors say the conviction ought to stand, saying the proof introduced at trial was “overwhelming.”
Trump’s attorneys contend that they may want extra time to pursue state and federal appellate choices in the event that they lose their immunity argument, writing that one enterprise day is “unreasonably quick.” Additionally they argue sentencing Trump would quantity to “election interference” since early voting is underway in some states.
Trump beforehand requested Merchan to delay his sentencing initially set for July. Again then, prosecutors did not oppose transferring the date, which the decide then rescheduled for subsequent month.