NEW YORK — In a significant development, a New York judge on Friday bestowed upon Donald Trump the authorization to pursue the dismissal of the criminal case in which he was convicted in May. This case involved 34 felony counts related to hush money paid to a porn star, considering his victory in the November 5 U.S. presidential election.
Judge's Decision Allows Trump to Contest Criminal Conviction
Judge's Formal Delay of Sentencing
New York State Supreme Court Justice Juan Merchan took a decisive step by formally delaying the sentencing of Trump, which was originally scheduled to occur on Tuesday. Prosecutors from Manhattan District Attorney Alvin Bragg's office this week put forth a request for Merchan to postpone all proceedings in the case until after Trump, who is 78 years old, completes his four-year presidential term commencing on January 20.This move by the prosecutors indicates their recognition of the potential impact that having the criminal case hanging over Trump during his presidency could have on his ability to govern. Lawyers representing Trump have fervently argued that the case must be dismissed, emphasizing that such a cloud over him would create "unconstitutional impediments" to his governance.Arguments for and Against Dismissal
Bragg's office has stated that it will oppose the dismissal of the case. However, they have agreed that Trump deserves an opportunity to present his case through written motions. On Friday, Merchan set a December 2 deadline for Trump to file his motion to dismiss and gave prosecutors until December 9 to respond. The judge did not specify a new date for sentencing or indicate the duration for which proceedings would be on hold. Additionally, Merchan has not yet determined when he will rule on Trump's motion to dismiss.Representatives for both Trump's campaign and Bragg's office have not promptly responded to requests for comment. The case traces its origins back to a $130,000 payment made by Trump's former lawyer Michael Cohen to adult film actress Stormy Daniels. The payment was intended to keep her silent about a sexual encounter she claimed to have had with Trump a decade earlier. Trump has denied this encounter.A Manhattan jury found Trump guilty of falsifying business records to conceal his reimbursement of Cohen. This marked the first time a former or sitting U.S. president had been convicted of or charged with a criminal offense. Trump has pleaded not guilty, portraying the case as a politically motivated attempt by Bragg, a Democrat, to interfere with his campaign.