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Judge delays decision on overturning Trump’s conviction for silence
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Judge delays decision on overturning Trump’s conviction for silence

The judge overseeing the Donald Trump case Criminal trial in New York delayed a key ruling on Tuesday on whether the conviction of the president-elect must be set aside, according to the correspondence between the parties.

Trump’s team wants the case dismissed and prosecutors say they need time to evaluate next steps now that Trump has been elected to a second term. The court has given them a period of one week to communicate their position, the secretary informed both parties in a court file.

In a letter to the judge Juan MerchanProsecutors said they agreed with Trump’s request for a stay to consider how to proceed given his new status as president-elect.

“The People agree that these are unprecedented circumstances and that the arguments raised by defense counsel in correspondence with the People on Friday require careful consideration to ensure that any additional steps in this proceeding appropriately balance the competing interests of (1) a guilty verdict by the jury following a trial that has a presumption of regularity; and (2) the Office of the President,” prosecutor Matthew Colangelo wrote in a letter to the judge.

Donald Trump makes remarks outside the courtroom
Donald Trump outside the courtroom as jurors began deliberating in his criminal trial at Manhattan Criminal Court on May 29, 2024 in New York City. Doug Mills/Pool via Getty Images file

“Accordingly, the Town respectfully requests that the Court postpone the next scheduled dates to give the Town time to evaluate these recent developments, and set November 19, 2024 as the deadline for the Town to inform the Court of our opinion on the appropriate measures.” he added.

In response, Merchan’s secretary said the joint request for a stay had been granted and ordered prosecutors from Manhattan District Attorney Alvin Bragg’s office to state their position by 10 a.m. on the 19th.

Trump had been tentatively scheduled to be sentenced on Nov. 26, and it is unclear when or if the judge would proceed with sentencing.

Trump campaign spokesman Steven Cheung celebrated the development in a statement, noting that Merchan “has now met all previously scheduled deadlines, including sentencing in this case.”

He said Trump’s election makes “very clear that Americans want an immediate end to the use of weapons in our justice system, including this case, which should never have been brought.”

Trump was convicted in May of 34 felonies related to hush payments to adult film actress Stormy Daniels. He has denied any wrongdoing.

Merchan’s decision Tuesday was expected to be based on Trump’s motion to vacate the conviction and dismiss the indictment, arguing that the case included some evidence that prosecutors should not have been able to use under the circumstances. . The Supreme Court ruling on presidential immunity.

The Supreme Court’s ruling was handed down on July 1, days before Trump’s sentencing date was originally scheduled in New York.

The New York case was the only one of four criminal cases brought against Trump after he left office in 2021 to go to trial, and the jury’s verdict marked the first time a former president had once been convicted of a crime.

The Department of Justice is now finishing the two federal criminal cases against the former and future president. The Justice Department’s thinking on Trump’s federal cases emanates from a 2000 report. memorandum by the department’s Office of Legal Counsel, which affirmed a Watergate-era conclusion that a prosecution of a sitting president “would unduly interfere in a direct or formal sense with the conduct of the presidency.”

The disappearance of those cases leaves another lawsuit pending against Trump: that of Fulton County District Attorney Fani Willis. extortion case alleging that he and more than a dozen accomplices illegally attempted to overturn the results of the 2020 election in Georgia.

That case has been on hold while Trump and some of his co-defendants seek to have an appeals court remove Willis from the case over an alleged conflict of interest. Given the status of the case, legal experts told NBC News that any trial against Trump would have to wait until he leaves office in 2029 due to constitutional issues.