Judge postpones Trump’s sentence, which could overturn conviction before inauguration

Judge Juan Merchan, from New York, suspended on Friday (22) Donald Trump’s sentencing hearing, previously scheduled for November 26. The decision allows the legal team of the president-elect of the United States to present a motion to overturn the criminal conviction before his inauguration, scheduled for January 20, 2025.

The suspension responds to a joint request from Trump’s defense and prosecutors, who argued about the complexity of sentencing an elected president. Despite this, there was no consensus on the merits of the case, with Trump’s lawyers seeking a complete overturn of the conviction, while prosecutors oppose the idea.

Conviction and legal context

In May, Trump was found guilty of 34 counts of falsifying business records related to payments to silence adult film actress Stormy Daniels before the 2016 election. The conviction marked an unprecedented moment in US history, with a former president being tried for state crimes while seeking to return to power.

The case places the American legal system in uncharted territory. Although the U.S. Department of Justice has a rule that protects sitting presidents from prosecution, this doctrine does not apply to state cases.

Trump’s defense argues that continuing the process would compromise the “orderly transition” of power. They also cite the Presidential Transition Law and accuse prosecutors of political motivations. “This case should be immediately dismissed,” Trump’s lawyers wrote in a motion filed this week.

On the other hand, prosecutor Alvin Bragg argued that the conviction, which occurred before Trump’s reelection, does not confer immunity on the president-elect. He asked the court to stay the case only until the end of Trump’s term in 2029.

Political and legal impasse

Trump, who won the Nov. 5 presidential election by defeating Vice President Kamala Harris, described the investigations as a “witch hunt.” In a recent statement, he reiterated that he intends to “reform” the Department of Justice by naming Pam Bondi as his future attorney general.

“For too long, the Justice Department has been used as a weapon against me and other Republicans. No more,” Trump declared on social media.

What’s next

Judge Merchan set a deadline of December 2 for Trump’s defense to formally present the request to overturn the conviction. The Public Prosecutor’s Office’s response must be delivered by December 9th.

The New York case is just one of four criminal cases facing Trump, including accusations of election interference in Georgia and misuse of confidential documents at the federal level.

Regardless of the legal outcome, the case highlights the political polarization in the United States and highlights the complex relationship between justice and power in American democracy.