The July 11 sentencing of former President Donald J. Trump is being delayed until September 18 after two U.S. Supreme Court decisions. In a letter sent to Judge Juan Merchan on Tuesday, Manhattan District Attorney Alvin Bragg said his office was not opposed to a motion by attorneys for the former president asking to delay the sentencing hearing.
Trump‘s legal team asked the judge late last night for leave until July 10 to file a motion to set aside the verdict based on the Supreme Court’s ruling in Trump v. United States. According to the high court, official communications between a president and government officials—pertaining to official acts—cannot be used as evidence against them in a criminal trial. This would effectively rule some of the evidence presented by Bragg in the New York trial inadmissible.
“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,” Bragg states. He adds: “We respectfully request a deadline of July 24, 2024—two weeks after defendant’s requested deadline—to file and serve a response.”
Judge Merchan responded late Tuesday that former President Trump’s sentencing hearing would be moved to September 18.
ERLINGER.
In addition to its ruling in Trump v. United States, the Supreme Court‘s decision in Erlinger v. United States could also impact Trump’s conviction.
In Erlinger, the court reaffirmed that a jury must be unanimous in its findings on a criminal conviction, even on underlying predicate crimes. Before former President Trump‘s conviction in late May, Judge Merchan had instructed jurors that they did not have to come to a unanimous decision on the underlying predicate crimes that allowed Bragg to revive the 34 counts against Trump for allegedly falsifying business records.
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New: Trump sentencing likely delayed. @ManhattanDA does not oppose adjourning at least two weeks. pic.twitter.com/91xGOsjM0Y
— Frank G. Runyeon (@frankrunyeon) July 2, 2024