The Manhattan District Attorney's office is not opposed to postponing Trump's scheduled sentencing in November.
Recently, Trump requested Judge Juan Merchan to push back his sentencing date – originally scheduled for September 18 – past the upcoming November election, citing the need for additional time to challenge the judge's decision on presidential immunity, which is predicted by September 16.
In a two-page rebuttal, the prosecution suggested that, considering the defense's latest stance, it's up to the court to decide whether a postponement is necessary to facilitate orderly appellate litigation regarding the presidential immunity issue, or to minimize the risk of disruptions due to a potential stay from an appellate court. The prosecution is ready to appear in court on any future date the judge decides upon.
The prosecution also highlighted their awareness of the necessary security measures for court appearances and stated that initiating an immediate appeal of the ruling might lead to significant preparatory steps being taken, only for them to be disrupted by appellate litigation.
If Merchan grants Trump's request, the sentencing could be delayed significantly. If the court denies Trump's immunity argument and he initiates multiple appeals in both state and federal courts, the conclusion of those appeals could potentially take several months or more. Appeals courts might also postpone Trump's sentencing till the conclusion of the appeal process.
Trump was found guilty of 34 felony counts earlier this year for falsifying business records to conceal a hush money payment to a porn star who alleged having a sexual encounter with Trump before the 2016 election. Trump has continuously denied the allegations.
Trump argues that the Supreme Court's recent ruling on presidential immunity implies that certain pieces of evidence, including Hope Hicks' testimony and Trump's official tweets, should not have been presented to the jury. However, prosecutors insist that the conviction remains valid, as the evidence presented during trial was deemed "overwhelming."
Trump's legal team argues that they would need extra time to explore state and federal appellate options in the event of their immunity argument failure. They also claim that sentencing Trump during the ongoing early voting period in certain states would constitute "election meddling."
Previously, Trump had asked Merchan to postpone his initial sentencing date, which was originally scheduled for July. At that time, the prosecution did not object to the date shift, and the judge subsequently rescheduled the sentencing for September.
The ongoing political debates surrounding Trump's legal case have influenced his request for a delayed sentencing, aiming to challenge the judge's decision on presidential immunity beyond the November elections. The prosecution's stance in the case involves deciding whether a postponement is necessary to maintain an orderly appellate litigation process.
