The letter read, "Given the need to balance competing constitutional interests, consideration must be given to various non-dismissal options that may address any concerns raised by the pendency of a post-trial criminal proceeding during the presidency, such as deferral of all remaining criminal proceedings until after the end of Defendant’s upcoming presidential term." Judge Juan Merchan has not yet made a decision on Bragg's recommendation. On Tuesday, the judge was scheduled to issue his ruling on Trump's legal team's request to consider the impact of the U.S. Supreme Court's decision on presidential immunity on the sentencing and the case as a whole. The 6-3 Supreme Court ruling, split along ideological lines, stated that past and future presidents cannot be prosecuted for official acts taken while in office. Judge Merchan was initially supposed to issue his ruling last week but postponed it after attorneys on both sides requested additional time to determine the next steps following Trump's Election Day victory.
The Supreme Court's decision had immediate effects, leading to the first of several delays in Trump's sentencing in the hush-money case. The federal government's cases against Trump were also hindered by this decision. Judge Aileen Cannon, who had been supportive of Trump throughout, dismissed the Justice Department's classified-documents case altogether. Special counsel Jack Smith was also compelled to revise his office's election-subversion indictment, removing any allegation that could be considered an official act. Although Smith initially pushed to keep the two cases alive, he has indicated his plans to wind down the prosecutions in light of Trump's election. It is a long-standing policy of the Justice Department to refrain from prosecuting a sitting president.