DON'T WAIT.

We publish the objective news, period. If you want the facts, then sign up below and join our movement for objective news:

TOP STORIES

Latest News

Prosecutors Push Back on Trump's Post-Trial Delay Request

 September 4, 2024

Manhattan prosecutors have rejected former President Donald Trump's request to delay post-trial decisions in his New York criminal case.

Trump’s legal team had sought a postponement while attempting to transfer the case to federal court to potentially overturn his felony conviction, and while prosecutors remain firm in their position, arguing that a delay is not required by law, the presiding judge could still side with the former president, as  Newsmax reports.

The former president was convicted in May on 34 felony counts for falsifying business records related to a $130,000 hush money payment to adult film star Stormy Daniels. His legal team is now seeking to challenge the verdict through federal intervention. Despite this, Manhattan prosecutors believe that the post-trial rulings should proceed without delay, with the exception of a potential postponement of sentencing.

Judge Merchan to Rule on Post-Trial Motions

The decision regarding Trump’s request for a delay now rests with Judge Juan M. Merchan. He is expected to rule on Sept. 16 on Trump's motion to overturn the verdict. Trump's sentencing is currently scheduled for two days later, on September 18. While prosecutors are open to postponing the sentencing date, they argue that other post-trial rulings should proceed on schedule.

Assistant District Attorney Matthew Colangelo emphasized that prosecutors are leaving the timing of post-trial decisions to Merchan. However, they made it clear that the judge is not legally obligated to grant any delay despite Trump's team pushing for a pause in the proceedings.

Trump's Legal Team Argues for More Time

Trump's lawyers are requesting more time before sentencing, arguing that the Sept. 18 date does not give Trump sufficient opportunity to prepare for potential next steps, including appeals. According to Trump’s legal team, moving forward with sentencing so soon could interfere with the upcoming November election. They have labeled it “election interference,” citing concerns over the impact of the criminal case on Trump’s candidacy.

In their arguments, Trump’s lawyers pointed out that the post-trial decisions will likely follow closely behind the verdict ruling. They stressed that proceeding immediately could prevent the former president from making an informed decision about appealing the case. As such, they insist that delaying all aspects of the case is the only appropriate course of action.

Prior Intervention Request Dismissed

This is not the first time Trump’s legal team has attempted to move the case to federal court. In an earlier attempt, Trump's lawyers invoked presidential immunity to try and shift jurisdiction. However, the federal court dismissed this request due to technical issues, although it did leave open the possibility for a resubmission.

The team’s current strategy hinges on similar arguments. They believe that certain evidence, particularly testimony from former White House staffers and Trump’s reactions presented during the trial, should have been excluded based on a recent Supreme Court ruling. This July 1 decision limits the prosecution of former presidents for actions related to their official duties, a legal development that Trump’s lawyers argue should apply to his case.

Prosecutors Maintain That Sentencing Should Proceed

While Manhattan prosecutors have not yet taken a firm position on delaying sentencing, they have expressed a willingness to consider a schedule that allows Trump enough time to prepare for potential appeals. However, they insist that the sentencing should proceed “without unreasonable delay.”

Assistant District Attorney Colangelo noted that the primary focus should be ensuring an appropriate timeline for sentencing, without undermining the justice process. "We defer to Merchan on an appropriate post-trial schedule," Colangelo stated, reaffirming their position that delays in post-trial decisions are unnecessary.

Potential Consequences of Trump’s Conviction

Trump’s conviction on 34 felony counts of falsifying business records carries significant legal consequences. Falsifying business records is a Class E felony in New York, which could result in up to four years in prison. Other possible outcomes include probation or a fine, depending on how the judge rules in the sentencing phase.

Prosecutors argued that these charges stem from Trump’s alleged efforts to conceal the $130,000 payment to Stormy Daniels in the lead-up to the 2016 election. Daniels has publicly stated that the payment was intended to prevent her from discussing her alleged affair with Trump, an entanglement that Trump has consistently denied.

Awaiting Merchan’s Decision

As the Sept. 16 date for Judge Merchan's ruling approaches, both sides are preparing for a critical phase in the case. Trump's team remains focused on securing a delay, while prosecutors continue to push for a swift conclusion to the post-trial process.

The defense team insists that moving forward with sentencing close to the November election will unfairly affect Trump’s political prospects, a point that they are likely to argue further if the request for a delay is denied.

On the other hand, prosecutors have maintained that any delay in the case should be carefully considered to prevent unnecessary interruptions in the legal process.

Conclusion

Manhattan prosecutors have opposed Donald Trump's request to delay post-trial decisions while his legal team seeks federal court intervention.

While the defense argues that sentencing so close to the election constitutes interference, prosecutors are open only to postponing the Sept. 18 sentencing.

They emphasize that other post-trial rulings should proceed as planned, with Judge Merchan expected to decide on the motion to overturn the verdict by Sept. 16.

As Trump’s legal challenges continue, both sides are preparing for the next crucial steps in the case.