A New York judge has postponed Donald Trump's sentencing until September as his lawyers seek to challenge his conviction following a Supreme Court ruling.
Trump was originally scheduled to be sentenced on July 11.
His legal team has asked to overturn his conviction in a hush-money case after the country's highest court ruled Monday that former presidents enjoy partial immunity for “official” acts during their presidencies.
Judge Juan Merchan said Tuesday he would rule on the motions by Sept. 6.
If a sentencing is necessary, it will take place on September 18, the judge wrote.
In May, a New York jury found Trump guilty of 34 counts of falsifying corporate records, making him the first former president ever to be convicted of a crime.
Prosecutors said Trump repaid his fixer, Michael Cohen, for hush money paid to a porn star who alleged she had an affair with Trump. The money, paid on the eve of the 2016 election, was covered up by falsely labeling it as legal fees.
It is the first of four criminal cases against Trump to go to trial.
In a post on Truth Social shortly after Judge Merchan's ruling, Trump wrote that the stay amounted to “TOTAL EXEMPTION!” and that it “ended the witch hunt against him.”
However, the decision only suspends the proceedings until the judge has made a decision.
On Monday, the Supreme Court handed down a shocking ruling that Trump and other former presidents enjoy immunity from prosecution for “official acts.”
The challenge arose in the wake of a federal criminal case against Trump accusing him of trying to overturn the 2020 election results, but it could also have implications for his other legal battles.
To influence the Supreme Court's ruling, Trump's lawyers in the New York case quickly attempted to overturn May's conviction.
They said the Supreme Court ruling is relevant here because a number of events and evidence central to the case occurred while Trump was in the White House.
The Manhattan District Attorney's Office, which prosecuted Trump, responded that Trump's argument was “without merit” but asked for a July 24 deadline to file a response.
However, legal experts say it could be a difficult task for Trump.
“The allegations in the New York fraud case, for which Trump was convicted, appear to be clearly related to Trump's off-the-record conduct that appears to have nothing to do with his official duties,” said Mark Zauderer, a New York appellate attorney.
“Trump will be able to argue his immunity in some of his cases, but it will be very difficult for him to use that argument in the New York case.”
Prosecutors alleged that Cohen, acting on Trump's instructions, paid adult film star Stormy Daniels $130,000 to keep her quiet about an alleged sexual encounter with Trump in 2006. The payment occurred while Trump was still a candidate for president.
Trump then repaid Cohen in installments beginning in early 2017, falsely recording them as legal fees.
Convincing a court that such behavior constitutes “official” presidential action could be difficult, according to constitutional law scholar Philip Bobbitt.
“I just don't see it,” he told the BBC.
