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What about Donald Trump’s criminal conviction? Here are some ways you could go
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What about Donald Trump’s criminal conviction? Here are some ways you could go

NEW YORK – Donald Trump’s election victory created a deep conundrum for the judge overseeing his criminal case in New York. Can he go ahead and sentence the president-elect, or would doing so potentially hinder Trump’s constitutional responsibility to lead the nation?

Court documents made public Tuesday revealed that Judge Juan M. Merchán effectively put the case on hold until at least Nov. 19 while he and lawyers for both sides evaluate what should happen next. Trump’s sentencing had been tentatively scheduled for Nov. 26.

Trump’s lawyers are urging Merchan to act “in the interests of justice” and overturn the verdict, the first criminal conviction of a former and now future US president.

Manhattan prosecutors told Merchan they want to find a way forward that balances the “competing interests” of the jury verdict and Trump’s responsibilities as president.

Here are some scenarios of what could happen next:

Wait until Trump leaves office

If Merchan wants to preserve the verdict without disrupting Trump’s presidency, he could choose to delay the sentencing until the president-elect leaves office in 2029.

Trump would be 82 years old at the end of his second term and more than a decade away from the events at the center of the case.

Trump’s conviction on 34 counts of falsifying business records involves his efforts to conceal a $130,000 payment during his 2016 presidential campaign to quell porn actress Stormy Daniels’ claims that she had sexual relations with him years earlier, which which he denies.

If you choose to wait, Merchan may not be on the bench by then. His current term ends before Trump leaves office.

Grant Trump’s immunity claim

Another way Merchan could get rid of the case is by granting Trump’s earlier request to overturn the verdict because of a U.S. Supreme Court decision in July that granted presidents broad immunity from criminal prosecution.

The judge had said he would issue a ruling on Tuesday, but that was before Trump’s election victory altered the schedule.

The high court ruling grants former presidents immunity from prosecution for official acts and prohibits prosecutors from using evidence of official acts to try to prove that their personal conduct violated the law.

Trump’s lawyers argue that prosecutors “tainted” the case with testimony about his first term and other evidence that should not have been allowed. Prosecutors have said the ruling “provides no basis for altering the jury’s verdict.”

The judge could order a new trial, which could take place after Trump leaves office, or dismiss the indictment entirely.

Wait until a federal court rules

Merchan could choose to delay things until the U.S. Court of Appeals for the Second Circuit rules on Trump’s earlier attempt to move the case from state to federal court.

Trump’s lawyers have been appealing a Manhattan federal judge’s decision to deny the transfer. Their argument: Trump’s case belongs in federal court because, as former president, he has the right to assert his immunity and seek his removal from office.

However, waiting for the appeals court to rule could cause further delays in the future. The court has given prosecutors until January 13 to respond to Trump’s appeal. There is one week left before he takes the oath of office. Once Trump is in the White House, his legal team could present new arguments about presidential immunity.

Case dismissed

Merchan could end the case immediately by overturning Trump’s conviction on 34 felony counts of falsifying business records and dismissing the indictment.

That would mean that there would be no sentencing or punishment, which would prevent the president-elect from the possibility of going to prison or other penalties.

Trump’s lawyers insist that dismissing the case is the only way to “avoid unconstitutional impediments” to his ability to govern.

Prosecutors acknowledged the “unprecedented circumstances” of Trump’s conviction clashing with his election, but also said the jury’s verdict should stand.

Proceed to sentencing

Merchan could also choose not to accept any of the above and move on to sentencing, or at least try to, barring an appeal by Trump’s lawyers.

George Mason University law professor Ilya Somin said if the case goes to sentencing “it could go either direction.”

If so, he said, “it probably won’t be a prison sentence.”

Trump’s charges carry a variety of punishments ranging from a fine or probation to four years in prison.

“Any prison sentence would probably be blocked or suspended in some way,” but a lesser sentence “would probably not impede Trump to any significant degree,” Somin said.