© Ahmed Gaber/NY Times/Redux Pictures/ABC7.com/KJNJudge Juan Merchan • Former US President Donald Trump
Manhattan Supreme Court Justice Juan Merchan's bombshell ruling pushing the Sept. 18 sentencing to Nov. 26 means voters won't know by Election Day the fate of the former president, who faces possible jail time in the case.
In a four-page decision, Merchan wrote he was delaying the sentencing in a bid to combat "unwarranted" claims that his decision on Trump's punishment could be based on politics rather than the law, so close to the election.
Comment: What a novelty for this guy. Actually basing a decision on law instead of politics? Would be a first for him in the trial.
"The imposition of sentence will be adjourned to avoid any appearance — however unwarranted — that the proceeding has been affected by or seeks to affect the approaching Presidential election in which the defendant is a candidate," Merchan wrote.
"The court is a fair, impartial and apolitical institution," the judge added. "The members of this jury served diligently on this case, and their verdict must be respected and addressed in a manner that is not diluted by the enormity of the upcoming presidential election."
Trump had asked the judge to adjourn the sentencing, and the Manhattan District Attorney's Office, which prosecuted the case, did not oppose the request.
Trump, 78, faces up four years in prison after being convicted of 34 counts of felony falsifying business records — but legal experts say that he's more likely to get probation or community service. Any sentence would have also likely been paused pending Trump's appeal, experts say.
The case centered on Trump's $130,000 payout to porn star Stormy Daniels in what jurors at trial found was a scheme to illegally influence the 2016 presidential election.
A jury of 12 Manhattanites convicted Trump, 78, of 34 counts of felony falsifying business records tied to his company's coverup of the Daniels payoff while he was president in 2018.
He had originally been set to face sentencing on July 10 — but Merchan pushed the date back to Sept. 18 after July's US Supreme Court ruling immunizing a president for "official acts" taken in office.
Trump's lawyers have argued that the hush money trial was "tainted" by evidence jurors heard from his White House stint, including the then-president admitting that he was relieved that Daniels' account of having sex with him while he was married only came out after the 2016 election.
Manhattan DA Alvin Bragg's office has countered that the high court's ruling does not affect the case because it's not an "official" presidential act for Trump to lie on company records from the Oval Office to cover up a payoff to a porn star.
Trump's lawyers in August urged Merchan to postpone the sentencing until after the election to give the Republican nominee time to appeal if the court — in a separate ruling now due by Nov. 12 — rejects Trump's bid to order a new trial based on the Supreme Court ruling.
Trump faces up to four years in prison after being convicted — but legal experts say that he's more likely to get probation or community service.
Any sentence would have also likely been paused pending Trump's appeal, experts say.
A spokesperson for the DA's office said Friday that it "stands ready for sentencing on the new date set by the court."
Trump has argued that the case, brought by a Democrat DA in a borough he lost in landslides in the 2016 and 2020 elections, is a "rigged" bid by the left to interfere with his presidential campaign.
He also accused Merchan of being politically motivated, but the judge has pledged to make rulings based on the evidence and the law.
Comment: Really. Isn't that supposed to be a given if you are a judge? But, carry on.
A little more on the judge's squeaky-clean background:
Trump again claimed Friday that the case was a "political attack," wrongly stating in a Truth Social post that his sentencing was delayed "because everyone realizes that there was NO CASE, I DID NOTHING WRONG!"
Merchan noted in his decision that Manhattan criminal court judges "routinely" grant requests by any defendants — including in both run-of-the-mill cases to those involving former presidents — to adjourn their sentencing date if prosecutors agree to it.
"Adjournments for sentencing are routinely granted, often several times, in any number of other criminal matters pending in this courthouse, particularly when unopposed, for reasons ranging from personal circumstances to the scheduling needs of the parties involved," the judge wrote.
"Given the unique facts and circumstances of this case, there is no reason why this Defendant should be treated any differently than any other," Merchan added.
"This is not a decision this Court makes lightly, but it is the decision which in this Court's view, best advances the interests of justice."
Comment: Merchan was hand-picked by the DOJ to deliver Trump's head on a platter.
Merchan did manage to pin a "convicted felon" label on Trump, so coveted by the Democrats. It hasn't helped:
What will the sentencing bring?