A judge in New York has postponed Donald Trump’s hush money sentencing until September to consider the Supreme Court’s ruling on immunity.
The US’s top court decided on Monday immunity exists from criminal prosecution for official acts while in office, in a boost for Trump – who is accused of illegally trying to overturn his 2020 election loss.
The former president asked Justice Juan Merchan to delay the sentencing for his conviction over hush money paid to a porn star to give him a chance to argue he should have been immune from prosecution.
Prosecutors said Trump’s argument was “without merit”, but agreed to the delay to give Trump time to make his case.
He will face an uphill battle getting the hush money conviction overturned, since much of the conduct in the case predates his time in office.
The delay will push the sentencing beyond the Republic National Convention on 15 July, when Trump is due to be named the party nominee for the presidential election on 5 November.
The sentencing, previously set for 11 July, has now been scheduled for 18 September.
Trump was found guilty on 30 May of falsifying business records to cover up his former lawyer Michael Cohen’s $130,000 payment to adult film actress Stormy Daniels.
The offer was made to keep her quiet about an alleged 2006 sexual encounter until after the 2016 election, when Trump defeated Democrat Hillary Clinton.
Trump denies ever having sex with Ms Daniels and has said he will appeal against the conviction after his sentencing.
Prosecutors said the payment was part of an illicit scheme to influence the election.
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In their letter to Justice Merchan, Trump’s team argued prosecutors had used evidence involving his official acts as president, including conversations while in the White House.
Under the Supreme Court’s ruling, prosecutors cannot use evidence related to official actions to help prove criminal cases involving unofficial actions.