In a strategic move, Donald Trump’s legal team is preparing to request the cancellation of his upcoming sentencing in New York related to his hush money case conviction earlier this year. According to a source familiar with the matter, Trump’s attorneys are shifting their approach, now seeking to cancel the sentencing rather than simply delay it.
Legal Argument for Presidential Immunity
Expected to file within the next few days, Trump’s legal team will argue that as president-elect, Trump should receive the same Constitutional protections as a sitting president. They contend that these protections should shield him from prosecution by state authorities. The legal filing will target Judge Juan Merchan’s November 12 deadline, the date by which he must decide whether Trump’s conviction can be overturned following a recent Supreme Court decision on presidential immunity.
Potential Sentencing Outcomes
If Judge Merchan proceeds with the sentencing, Trump could face up to four years in prison. However, the judge holds the discretion to impose a lesser punishment, such as probation, home confinement, community service, or a financial penalty. The upcoming inauguration on January 20, 2025, adds complexity, as any ruling must address whether a state judge has the authority to sentence a president-elect.
Likely Appeals to Delay Sentencing
Trump’s attorneys are expected to challenge the court’s jurisdiction, likely appealing on constitutional grounds. This approach could prolong the case in the courts, possibly for years. While Trump may assume presidential office in January, his power to issue a pardon does not extend to state-level convictions, meaning that any state sentence would remain beyond his executive authority.
This legal maneuver signifies a critical juncture for Trump as he navigates his upcoming role and ongoing legal challenges.
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