Trump Sentencing Saga Takes a Twist as Prosecutors Defer to Court's Discretion

As the highly anticipated sentencing of former President Donald Trump in his criminal hush-money and election interference case draws near, a new twist has emerged. Prosecutors in the Manhattan District Attorney's office have signaled that they are not opposed to delaying the sentencing as Trump has recently requested, leaving the decision up to the presiding judge, New York Supreme Court Justice Juan M. Merchan.

The High-Stakes Sentencing Saga Continues

Delayed Sentencing Requested by Trump's Defense Team

Trump's defense attorneys, Todd Blanche and Emil Bove, have argued that the sentencing should be adjourned until after the 2024 presidential election. They contend that a motion to set aside the guilty verdicts on 34 counts of falsification of business records, based on presidential immunity grounds, remains pending. They claim that Bragg's office has been in a "rush" to proceed to sentencing, which they believe is a further attempt at "naked election-interference objectives."

Prosecutors Defer to the Court's Discretion

In a two-page letter submitted to the court, prosecutors working under Manhattan District Attorney Alvin Bragg have stated that they will leave it up to Justice Merchan to decide how to proceed with the sentencing. While they note that they do not oppose the delay requested by Trump's team, they also wanted the court to consider several points, including a "bizarre" argument made by the defense.

The Immunity Question and the Hush-Money Case

Trump's defense team has argued that the hush-money case is unlike the situation with his federal Jan. 6 criminal case, where special prosecutors have been sent back to the drawing board to reshape the indictment. In New York, prosecutors contend that the only question now before the court is whether a small subset of trial evidence was improperly admitted due to the Supreme Court's ruling on official-acts immunity. They argue that this does not make the ruling immediately appealable, contrary to the defense's claims.

Recusal Requests and the Judge's Impartiality

Trump's lawyers have sought Justice Merchan's recusal on multiple occasions, most recently based on the claim that his daughter, Loren Merchan, has done consulting work for Vice President Kamala Harris. The prosecutors have dismissed this argument as "bizarre," stating that it has nothing to do with the post-trial schedule.

The Potential Outcome and the 2024 Election

If Trump is sentenced, he could face up to four years in prison, though he could also be sentenced to mere probation. However, if Trump wins the 2024 election, it could be up to Justice Merchan to postpone his sentence until after his term expires. The hush-money case charges are not pardonable, as they are state crimes.In this complex and high-stakes legal battle, the fate of the former president hangs in the balance, with the presiding judge now holding the key to determining the next steps in this ongoing saga.