Thread by @KatiePhang

Here is the breakdown of Judge Merchan's decision to delay Trump's sentencing in the NY election interference trial:

As an initial matter, the Prosecution did NOT oppose Trump's request for an adjournment of his sentencing. Instead, they told Judge Merchan that they would "defer to the Court" when it came to deciding when to sentence Trump, in light of the recent SCOTUS immunity decision.

Judge Merchan notes that even if the Prosecution claims that they are remaining neutral on Trump's requested delay, "[the Prosecution presents] concerns in their letter of August 16, 2024, in a manner which seemingly supports Defendant's application for an adjournment. The People certainly do not oppose, and a careful reading of their response can fairly be construed as a joinder of the motion."

Trump was supposed to originally be sentenced on July 11th, but b/c of the SCOTUS immunity decision from July 1st caused Trump to file a motion to set aside the jury's verdict and to dismiss the indictment, and the Court agreed to delay until Sept. 6th, with the Prosecution in support of the requested delay.

Sentencing then got delayed to Sept. 18th.

Merchan writes: "This now means that any adjournment, of even one week beyond September 18, will bring us within approximately 41 days of the 2024 presidential election."

Merchan then reasons that if he were to deny Trump's motion to set aside the jury's verdict, he is required to sentence Trump "without unreasonable delay."

However, Merchan notes: "The public's confidence in the integrity of our judicial system demands a sentencing hearing that is entirely focused on the verdict of the jury and the weighing of aggravating and mitigating factors free from distraction or distortion."

So, based on all of the above factors/issues, Judge Merchan decided that "the decision on [Trump's motion to set aside the verdict] and the imposition of sentence will be adjourned to avoid any appearance-however unwarranted-that the proceeding has been affected by or seeks to affect the approaching Presidential election in which the Defendant is a candidate."

Merchan reinforces his decision to delay with this rationale: "Adjourning decision on the motion and sentencing, if such is required, should dispel any suggestion that the Court will have issued any decision or imposed sentence either to give an advantage to, or to create a disadvantage for, any political party and/or any candidate for any office."

Merchan ends his ruling by noting that "Adjournments for sentencing are routinely granted, often several times, in any number of other criminal matters pending in this courthouse, particularly when unopposed, for reasons ranging from personal circumstances to the scheduling needs of the parties involved."

So Merchan states that there is no reason to treat Trump any differently than any other defendant.

Therefore:

Merchan will issue his ruling on Trump's motion to set aside the jury's verdict and to dismiss the indictment on November 12, 2024. This will occur "off-calendar" meaning it'll just be a posted decision with no court hearing for it.

Assuming the indictment and verdict survive, Trump will be sentenced on November 26th at 10 a.m. ET.

INTERESTINGLY: Merchan DENIES Trump's motion to prevent the People from filing a pre-sentence memorandum and it will be filed under seal.

PS I do enjoy the timing of Trump's sentencing: 2 days before Thanksgiving. Gobble gobble.🦃

PPS. Here is the statement from the Manhattan DA's Office @ManhattanDA:

“A jury of 12 New Yorkers swiftly and unanimously convicted Donald Trump of 34 felony counts. The Manhattan D.A.’s Office stands ready for sentencing on the new date set by the court.”