In a significant development, a Nov. 20 Instagram post showcased images of New York Judge Juan Merchan, President-elect Donald Trump, and Manhattan District Attorney Alvin Bragg. The text within the image claimed that "Donald Trump’s sentencing for 34 criminal charges in the state of New York abruptly adjourned by Judge Merchan without explanation. All charges have been dropped." This claim, which was a screenshot of a Nov. 19 post on X (formerly Twitter), received over 1,000 likes in less than a day before being deleted. Versions of this claim also spread widely on Facebook and TikTok.
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Our fact-check reveals that this claim is false. The case was indeed paused following the presidential election but was not "dropped" or dismissed when the original post was shared. On the very day the post was made, a Trump attorney had asked Judge Merchan for 30 days to build a more solid argument for dismissal.Trump Case Paused, Not Dismissed
Trump was found guilty in May of 34 counts related to falsifying business records to conceal a hush money payment to adult film actress Stormy Daniels before the 2016 presidential election. Judge Merchan had put Trump’s sentencing on hold after Trump won a second presidential term, and the president-elect’s attorneys are seeking to have that conviction completely tossed out.However, when the X post was shared, the formal request for dismissal had not been made, let alone granted. There are no reports from legitimate media outlets suggesting a dismissal on or before Nov. 19. In fact, in a letter that day to Judge Merchan, Trump attorney Todd Blanche previewed his argument for tossing out the case. He wrote that its "immediate dismissal" is constitutionally mandated to ensure the orderly transition of executive power after the election. He asked for permission to file a formal, more comprehensive motion to dismiss the case by Dec. 20. If Trump’s conviction had already been "dropped," as the post claimed, this move would be illogical.The social media posts and similar ones only note the adjournment but seem to misinterpret its significance in this context. The proceedings were paused or postponed, not simply brought to an end, as clearly indicated in a set of Nov. 10 emails from both sides.Assistant District Attorney Matthew Colangelo had asked Judge Merchan for a stay considering the unprecedented situation of a president-elect facing criminal sentencing as his inauguration approached. The subject line of his email referred to a "request for adjournment." Trump attorney Emil Bove replied to express the president-elect’s desire to join the request, which was made public on Nov. 12. Stephen Suhovsky, Merchan’s principal law clerk, then informed the attorneys that Merchan granted the stay and asked prosecutors to explain their preferred next steps by Nov. 19.In his Nov. 19 letter to Merchan, Bragg recommended setting a schedule for Trump’s attorneys to submit their formal request for dismissal and giving prosecutors until Dec. 9 to respond. He also stated his intention to oppose the request and support adjourning all other aspects of the case until the dismissal request is decided.USA TODAY had previously debunked false claims that Merchan was "fired" and that not only was Trump’s conviction "overturned" in October but he was also awarded a refund of $500 million.USA TODAY reached out to several social media users who shared the claim but did not receive immediate responses.Our fact-check sources are reliable, and we are committed to providing accurate information. You can subscribe to our print edition, ad-free app, or e-newspaper here. USA TODAY is a verified signatory of the International Fact-Checking Network, which emphasizes nonpartisanship, fairness, and transparency. Our fact-check work is supported in part by a grant from Meta.