Key Points
- A judge has ruled Donald Trump may seek dismissal of the criminal case in which he was found guilty in May.
- Trump was found guilty of 34 felony counts involving hush money paid to adult film actress, Stormy Daniels.
- Trump’s sentencing was due to take place next Tuesday.
Prosecutors with Manhattan District Attorney Alvin Bragg’s office this week asked New York state Supreme Court Justice Juan Merchan to consider deferring all proceedings in the case until after Trump finishes his four-year presidential term that begins on 20 January.
On Friday Merchan set a 2 December deadline for Trump to file his motion to dismiss, and gave prosecutors until 9 December to respond.
The judge did not set a new date for sentencing or indicate how long proceedings would remain on hold. The judge also did not indicate when he would rule on Trump’s motion to dismiss.
Stormy Daniels payment
A Manhattan jury found Trump guilty of falsifying business records to cover up his reimbursement of Cohen. It was the first time a US president — former or sitting — had been convicted of or charged with a criminal offence.
A spokesperson for Bragg’s office declined to comment.
A Manhattan jury found Trump guilty of falsifying business records to cover up his reimbursement of his former lawyer Michael Cohen. Source: AAP / Richard B. Levine/Levine-Roberts/Sipa USA
Falsification of business records is punishable by up to four years in prison. Before he was elected, experts said it was unlikely — but not impossible — that Trump would face time behind bars, with punishments such as a fine or probation seen as more likely.
Trump’s victory over Democratic Vice President Kamala Harris in the 5 November election made the prospect of imposing a sentence of jail or probation even more politically fraught and impractical, given that a sentence could have impeded his ability to conduct the duties of the presidency.
Trump’s criminal cases
Trump was charged in three additional state and federal cases in 2023, one involving classified documents he kept after leaving office and two others involving his efforts to overturn his 2020 election loss. He pleaded not guilty in all three cases.
As president, Trump would have no power to shut down the New York or Georgia cases because they were filed in state courts. His Justice Department may close the federal cases.
Trump last week nominated his defence lawyers in the hush money case, Todd Blanche and Emil Bove, to serve senior roles at the Justice Department during his administration.
