Donald Trump Attempt To Delay Sentencing Questioned by Legal Analysts - Newsweek
“A number of prominent legal scholars have argued Judge Juan Merchan, who is presiding over Donald Trump's hush money trial in New York, would be mistaken to delay his sentencing until after the presidential election as is being demanded by the Republican candidate's lawyers.
In a letter to Merchan, Trump lawyer Todd Blanche argued delaying Trump's sentencing until after the election in November would help ensure the vote isn't unduly influenced by legal proceedings, as well as providing extra time to see if the whole case is dismissed following the Supreme Court's ruling on presidential immunity, which was released in July.
In May, Trump was convicted on 34 felony counts of falsifying business records related to claims he orchestrated the payment of hush money to Stormy Daniels, a former pornographic actress, ahead of the 2016 presidential election to avoid an alleged affair being exposed. Trump, who denies any illegality or sexual relationship with Daniels, is due to be sentenced on September 18, but his legal team is trying to get this pushed back until after the presidential election.
In his letter to Merchan, Blanche wrote "the Court should adjourn any sentencing in this case...until after the 2024 Presidential election," claiming this would "reduce, even if not eliminate, issued regarding the integrity of any future proceedings." The lawyer added a sentencing adjournment would "allow Trump adequate time to assess and pursue state and federal appellant options in response to any adverse ruling."
Blanche also said a delay would give extra time to consider what he believes is a conflict of interest regarding the political activities of Merchan's daughter and the July Supreme Court ruling, which stated presidents have legal immunity for official acts undertaken in their term of office.
However in a post on X, Norm Eisen, who served as co-counsel for the House Judiciary Committee during Trump's first impeachment trial, rejected the call for a day commenting: "Other defendants (incl. of more modest means) don't get special treatment under the law & neither should he."
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Eisen branded Trump's call for Merchan to recuse himself from the case based on perceived bias, including his daughter's activities, "bogus" and argued the Supreme Court ruling is irrelevant as the case concerns "unofficial" activities undertaken before he entered the White House.
Eisen said: "The NY case is about using personal & biz false documents to cover up 2016 hush money election interference. All of that is UNOFFICIAL."
Referring to Trump's sentencing, he later added: "There are PLENTY of reasons to keep sentencing on Sep 18. The sentencing hearing was already delayed from July 11 to Sep 18 & Nov makes it 6 months after his conviction! Trump must not be given special treatment."
Similar arguments were made by Joyce Alene Vance, the former U.S. attorney for the Northern District of Alabama.
She posted: "Sentencing Trump now isn't election interference. He's already been tried & convicted; the public has learned all of the facts. DANY should push ahead & insist on sentencing now, as for any other defendant. Enough special treatment for Trump."
She agreed with Eisen that Trump's hush money case doesn't revolve around official acts undertaken as president, making the Supreme Court ruling irrelevant, and added: "There's a technical legal argument here as well. Trump was required to make the immunity argument at trial to keep evidence out & by not doing that, he waived the argument. That's how trials work & he's not entitled to special treatment here, just because he was POTUS. Enough."
Newsweek contacted Donald Trump lawyer Todd Blanche and his 2024 presidential election campaign for comment by email on Saturday outside of regular business hours.
Speaking to Fox News earlier this week, former Bush administration official John Yoo suggested Merchan could send Trump to prison in September.
Referring to Merchan, the University of California law professor said: "He could have exercised his discretion here to change the sentencing date. But instead, he actually moved it closer to the beginning of absentee voting in my home state of Pennsylvania.
"Could you imagine what would happen if Judge Merchan sentenced Donald Trump to jail time, even though he's a first time nonviolent offender?
"What if Judge Merchan even went crazier and said, Donald Trump doesn't even get to stay out of jail while his case is on appeal? He has the power to actually order Donald Trump sent to jail immediately, although I expect he wouldn't."
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