Judge Juan Merchan‘s decision to postpone Donald Trump‘s sentencing until after the 2024 election could have “downsides” for the former president, a legal expert has said.
In May, a jury convicted Trump on 34 felony counts related to a $130,000 payment made to Stormy Daniels, a former adult film star, during his 2016 campaign. The Republican presidential candidate’s sentencing, originally scheduled for July 11, was later postponed to September 18.
On Friday, in a four-page decision, Merchan issued a second postponement, with the sentencing now set for November 26—three weeks after voters cast their ballots for the next president of the United States.
The judge said the decision was made “to avoid any appearance—however unwarranted—that the proceeding has been affected by or seeks to affect the approaching Presidential election.”
Following the ruling, Trump’s opponents were split on whether Merchan had made the right decision, which some saying it could lead to a bad outcome for Trump.
On X, formerly Twitter, MSNBC legal expert Andrew Weissmann said the ruling had “downsides” for the former president.
“Re Judge Merchan: people need to realize that by putting the sentencing off (for now) Merchan has kept the [Supreme Court’s] hands off the verdict pre election,” he wrote.
“And so the folks saying this is a big win for Trump are missing that this has significant downsides too for him, as the criminal verdict is alive and well without political interference pre-election,” he added in another post.
Donald Trump in Potterville, Michigan, on August 29. Trump’s sentencing in his hush-money case has been delayed until after the election.
Bill Pugliano/Getty Images
In his decision on Friday, Merchan also said that on November 12, he would rule on a motion filed by the former president’s legal team to dismiss the guilty verdict entirely. The motion cited the Supreme Court’s July decision that said presidents are immune from criminal charges for actions taken as part of their official duties.
Glenn Kirschner, a former federal prosecutor, was among those who supported Merchan’s decision.
“Once Trump is no longer a candidate for office AND has lost the election, it will make it a million times easier for Judge Merchan to sentence him to prison,” he wrote on X. “We fight on, friends.”
CNN legal analyst Norman Eisen was among those critical of the decision, writing on X that Merchan “got this wrong.”
“Judge Merchan just stalled Trump’s sentencing bc of politics; yesterday Judge Chutkan declared she would ignore politics,” he wrote, referencing remarks made by Judge Tanya Chutkan, who is overseeing Trump’s federal election obstruction case and said the timing of the election was “not relevant” to how that case should proceed.
“I was in his courtroom everyday for the trial & he’s a great judge. He just got this wrong,” Eisen said of Merchan.
“Trump has already benefitted from extraordinary special treatment,” he added in a separate post. “As Chutkan noted from the bench yesterday, other defendants don’t get special treatment. If no one is above the law, then Trump shouldn’t be either.”
MSNBC legal analyst Katie Phang wrote on X: “If you’re disheartened at today’s delay in Trump’s sentencing, let’s be clear at whose doorstep lies the blame: The conservative majority of the Supreme Court and its terrible decision on presidential immunity.
“Consider the possibility of at least TWO new SCOTUS appointments for the next President of the United States. When you go to vote in November, think about who you want to be making those appointments.”
Joyce Vance, a former U.S. attorney, added that if Merchan hadn’t delayed the trial, another court likely would have.
“He will force Trump to appear in court the Tuesday before Thanksgiving, with no further argument for delay available, instead of letting another court control the schedule,” she wrote on X.
Newsweek has contacted the Trump campaign for comment.
During the hush-money trial, prosecutors argued that Trump falsified business records to conceal his connection to the $130,000 payment, which Daniels said was intended to keep her quiet about an affair she had with the former president years prior.
Trump denied the allegations against him, and his lawyers argued that the charges were politically motivated and designed to interfere with his 2024 presidential campaign.
On Friday, Trump reacted to Merchan’s decision in a post on Truth Social, describing the case as a “witch hunt.”
“The Manhattan D.A. Witch Hunt has been postponed because everyone realizes that there was NO CASE, I DID NOTHING WRONG!” he wrote.
“It is a political attack against me by Comrade Kamala Harris and other Radical Left Opponents for purposes of Election Interference, and is a case that should have never been brought,” Trump continued. “Nothing like this has ever happened in the United States of America—IT IS STRICTLY THIRD WORLD, BANANA REPUBLIC ‘STUFF.'”
The former president added that he “greatly” appreciated Merchan’s use of the words “if necessary” when discussing the sentencing date.
“I greatly appreciate the words ‘if necessary’ being utilized in the Decision, because there should be no ‘if necessary,'” Trump wrote. “This case should be rightfully terminated, as we prepare for the Most Important Election in the History of our Country.”
