Judge delays Trump sentencing, lets him seek dismissal of NY conviction

A New York judge has delayed the sentencing in Donald Trump’s hush money case and allowed the United States president-elect to argue to dismiss the conviction before he takes office on January 20.

Judge Juan Merchan on Friday cancelled a sentencing hearing set for Tuesday without setting a new date.

Both prosecutors and defence lawyers have sought to pause proceedings in the case to deal with the unprecedented legal situation: sentencing an incoming president on a criminal conviction.

Merchan also ruled that Trump’s team may file a motion to dismiss the case. Prosecutors said they would oppose scrapping the conviction.

Trump was found guilty in May on all 34 charges of falsifying business records in relation to hush money payments made to porn star Stormy Daniels to cover up an alleged sexual encounter before the 2016 presidential election.

Trump’s lawyers want the case tossed out altogether. Earlier this week, they filed a motion arguing that continuing the prosecution would affect the “orderly transition” of power as Trump takes office.

Trump’s team argued that the state charges – filed by a Democratic district attorney against the Republican former president – were politically motivated.

The US Department of Justice has a rule against prosecuting sitting presidents – a doctrine Trump’s lawyers said should extend to the states.

They also cited the Presidential Transition Act, highlighting the role and duties of the president-elect.