Judge Juan Merchan ruled on Friday to delay the sentencing of former President Donald Trump on 34 counts of falsifying business records until November 26, three weeks after the election in which Trump could become president.
Trump's legal team had asked for the sentencing to be delayed until after the election so that it wouldn't prejudice voters. The sentencing was originally scheduled for September 18.
"The public's confidence in the integrity of our judicial system demands a sentencing hearing that is entirely focused on the verdict of the jury and the weighing of aggravating and mitigating factors free from distraction or distortion," Merchan said in a letter Friday.
"Unfortunately, we are now at a place in time that is fraught with complexities rendering the requirements of a sentencing hearing, should one be necessary, difficult to execute. Thus, in accordance with certain of the grounds submitted by Defendant and the reasons for adjournment provided by the People coupled with the unique time frame this matter currently finds itself in, the decision on the [motion] and the imposition of sentence will be adjourned to avoid any appearance - however unwarranted - that the proceeding has been affected by or seeks to affect the approaching Presidential election in which the Defendant is a candidate," Merchan said.
The ruling prompted a swift response from Trump spokesman Steven Cheung, who told Fox Digital: "There should be no sentencing in the Manhattan DA’s Election Interference Witch Hunt. As mandated by the United States Supreme Court, this case, along with all of the other Harris-Biden Hoaxes, should be dismissed."
A motion to set aside the verdict is still under consideration, with a decision expected November 12. Trump is also appealing the verdict.
Trump attorney Todd Blanche pointed out that the trial included testimony about official acts by Trump, which the immunity ruling by the Supreme Court outlawed.
Former Trump Communications Director Hope Hicks and others were forced against their will to testify against Trump, and his immunity should at least force a do-over, if anything is left to prosecute.
But prosecutors are trying to force the case forward despite the clear grounds for mistrial.
The Manhattan District Attorney's office said, "A jury of 12 New Yorkers swiftly and unanimously convicted Donald Trump of 34 felony counts. The Manhattan D.A.’s Office stands ready for sentencing on the new date set by the court."
The location of the court is one of the most hostile to Trump in the whole country, so it may not even matter what evidence is presented if they retry the case there.
It may be a clear case where the jury is willing to indict a ham sandwich if its name is Donald J. Trump.
A different judge who denied Trump's request to move the trial to federal court said the alleged hush money payments were not official acts, and neither were Trump's so-called reimbursements to then-lawyer Michael Cohen.
Trump could get up to 4 years in jail for the conviction, but he could also get probation or community service instead of jail time.