Legal experts are weighing in on Judge Juan Merchan’s upcoming sentencing decision for Donald Trump’s hush money case in New York. Trump’s attorney, Todd Blanche, is requesting that the sentencing be postponed until after the presidential election, scheduled for November, arguing this would minimize the influence of legal matters on the election process.
In May, Trump was found guilty on 34 felony charges related to falsifying business records connected to hush money payments made to Stormy Daniels, a former adult film actress, to conceal an alleged affair prior to the 2016 election. Trump, who denies any wrongdoing, is set to be sentenced on September 18, 2023, but his legal team is pushing for a delay.
Blanche’s letter to the judge stated that a postponement would “reduce, even if not eliminate, issues regarding the integrity of any future proceedings” and would give Trump more time to explore possible legal appeals in response to any unfavorable ruling. He also pointed out potential conflicts of interest related to the judge’s daughter’s political activities and referenced the Supreme Court’s ruling on presidential immunity from July.
However, Norm Eisen, an attorney involved in Trump’s first impeachment, dismissed these arguments. He stated on X that “other defendants (including of more modest means) don’t get special treatment under the law & neither should he,” referring to Trump’s situation as “bogus” in the context of the case’s focus on unofficial actions before his presidency.
Eisen further argued that the hush money case does not concern actions taken during Trump’s time in office, rendering the Supreme Court ruling irrelevant. He emphasized the importance of maintaining the September 18 sentencing date, pointing out that the hearing had already been delayed once from July 11. He stressed that Trump should not receive any special treatment.
Joyce Alene Vance, former U.S. attorney, echoed these sentiments. She asserted that moving forward with sentencing wouldn’t interfere with the election since Trump has already faced trial and been convicted. Vance argued that the case should proceed like it would for any other defendant, insisting on accountability without special consideration based on Trump’s status as a former president.
John Yoo, a law professor at UC Berkeley, remarked on Fox News that Merchan has the authority to impose jail time on Trump, even suggesting that Trump could be sent to prison despite being a first-time nonviolent offender. He speculated about the implications of such a ruling coinciding with the election period.