Former President Donald Trump’s sentencing in his New York criminal case has been postponed until after the 2024 election, Judge Juan Merchan announced on Friday. The decision was partly made to avoid any appearance of influencing the presidential race. In a four-page letter, Merchan indicated that Trump would be sentenced on November 26, if necessary, following a request from Trump’s lawyers to delay sentencing.
Trump was convicted in May on 34 counts of falsifying business records related to hush money payments to an adult film star. His sentencing has been delayed for months as his legal team has sought to overturn the conviction, citing a Supreme Court ruling on presidential immunity.
Merchan emphasized the upcoming election as a key reason for the delay, noting that postponing the sentencing would help prevent any perception that the court’s actions were politically motivated. He wrote, “Adjourning decision on the motion and sentencing, if such is required, should dispel any suggestion that the Court will have issued any decision or imposed sentence either to give an advantage to, or to create a disadvantage for, any political party and or any candidate for any office.”
Trump acknowledged the judge’s language and expressed appreciation for the inclusion of the phrase “if necessary.” Speaking to the Fraternal Order of Police in North Carolina, Trump reiterated his stance that the case should be dismissed, falsely claiming the delay was due to the fact that he “did nothing wrong.”
Merchan also set a November 12 date to decide on Trump’s motion to vacate the conviction based on the Supreme Court’s ruling on immunity. Trump’s spokesperson, Steven Cheung, responded to the postponement by calling the case a “witch hunt” and citing the Supreme Court’s decision as grounds for dismissal.
The Manhattan District Attorney’s office, which secured Trump’s conviction, did not oppose the delay, with a spokesperson stating that the office is ready for sentencing on the newly scheduled date.
The decision to delay sentencing is part of a broader pattern of postponements in Trump’s legal cases. Since being indicted in four different cases in 2023—spanning New York, Florida, Washington, DC, and Georgia—Trump has faced ongoing delays. His Florida classified documents case was dismissed by a judge in July, though the special counsel is appealing that ruling. The other January 6-related cases remain in limbo and are unlikely to move forward before the election.
The only indictment to go to trial this year was the New York hush money case, which resulted in Trump’s May conviction. Now, with the potential for a jail sentence, the decision on whether or not sentencing will occur will not come until after the 2024 election.
Merchan acknowledged the significance of Trump’s trial, describing it as a “unique” case in U.S. history. He noted that the court had overseen the case from arraignment through to the jury’s guilty verdict and had dealt with numerous motions. He wrote that, should the case proceed, sentencing will be “one of the most critical and difficult decisions” the court will face.
Merchan also stressed that the jury’s verdict must be respected, and any sentencing decision should occur in a manner free from the weight of the upcoming presidential election. Additionally, he underscored Trump’s right to a sentencing hearing that upholds his constitutional rights.
This marks the second time Merchan has delayed sentencing in the case, following an initial postponement in July when Trump’s lawyers requested the guilty verdict be vacated in light of the Supreme Court’s presidential immunity ruling.
Last week, Trump attempted to move his state case to federal court, referencing the Supreme Court’s recent decision on presidential immunity. However, a federal judge quickly denied the request without considering further arguments from Trump or the Manhattan District Attorney. Trump's legal team is now appealing the ruling.
Following the federal petition, Trump’s lawyers also asked Judge Merchan to allow the federal litigation to proceed before ruling on the presidential immunity issue. In his letter on Friday, Merchan acknowledged these efforts to shift the case to federal court.
Trump’s defense team argues that the indictment should be dismissed, or at the very least, his conviction vacated. They claim the Supreme Court's ruling on presidential immunity invalidates certain evidence presented during the trial, including testimony from former White House aide Hope Hicks and tweets Trump posted while in office.
Prosecutors maintain that the conviction is sound, asserting that the evidence against Trump was "overwhelming."
Merchan had initially planned to rule on the immunity issue by September 16 and, if necessary, to sentence Trump two days later. However, Trump’s lawyers requested a delay, citing a need for more time to appeal any decision made by the judge. Prosecutors deferred to Merchan on the scheduling matter.
The delay now means Trump’s criminal conviction, which was a major focus in the spring, will not resurface during the critical final weeks of the presidential race. This also minimizes the possibility of the election interfering with any sentence Merchan might impose.
Trump could face up to four years in prison, but Merchan has the discretion to impose a lighter sentence, such as probation, home confinement, community service, or a fine.
This story has been updated with additional details.
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