Newsman: President-elect Donald Trump’s Nov. 26 sentencing date in his New York hush money case has been cancelled as the judge considers how to proceed in light of Trump’s election victory. Trump lawyer Emil Bove argued in an email on Nov. 10, to Judge Juan Merchan that the case should also be dismissed based on the election, in order to “avoid unconstitutional impediments to President Trump’s ability to govern.”
Before the election victory, Trump argued that his 34 felony convictions should be tossed out based on the Supreme Court’s July 1 presidential immunity decision. The sentencing cancellation was listed on the New York criminal court docket as of Tuesday morning.
Trump was found guilty May 30 of 34 felony counts of falsifying business records in order to cover up a hush money payment to buy porn star Stormy Daniels’ silence ahead of the 2016 presidential election. Daniels alleged the pair had a sexual encounter, a claim Trump denies.
If Trump ever faces a sentencing hearing, Merchan has a wide set of options, including not imposing a sentence, ordering community service, or sending Trump to prison.
The Justice Department is weighing how to proceed with its two federal cases in light of the election. Justice Department policy states that a sitting president can’t be criminally prosecuted under the Constitution.
