Prolonging the Battle

As Election Day approaches, Donald Trump’s legal troubles continue. If his court schedule stays unchanged, he could face voters as a convicted felon. However, analysts predict he might delay sentencing past Election Day by invoking presidential immunity. His sentencing in the Stormy Daniels hush-money case is set for September 18, but his legal team plans to file an interlocutory appeal, a rare and complex move in New York courts, just before.

Former Manhattan prosecutors and judges have highlighted that New York’s criminal procedure law doesn’t allow for such pre-sentence appeals. Defendants are only permitted to appeal their convictions after sentencing. As John Moscow, a former Manhattan prosecutor, emphasized, "That’s black letter law," referring to well-established legal doctrine.

Despite this, Trump’s lawyers argue that presidential immunity overrides state-level statutes. The U.S. Supreme Court recently ruled that a president's official acts cannot be used against him in criminal prosecutions. Trump contends that his conviction on 34 felony counts of falsifying business records — related to the hush-money payment—relied on evidence involving his presidential actions, which should not have been used.

Manhattan prosecutors contend that the evidence related to official acts was limited, describing it as "a mere fragment of the vast array of witness statements and documented proof." Despite this, they maintain that the conviction remains justified. Justice Juan Merchan is anticipated to announce his ruling on September 16, just two days before the sentencing date.

Legal experts anticipate Judge Merchan siding with the prosecution, but Trump’s defense is expected to appeal in state and federal courts, likely delaying sentencing and challenging the conviction. This process may extend beyond the election. On August 14, Trump’s attorneys requested a sentencing delay, with Manhattan DA Alvin Bragg leaving the decision to Merchan due to the complexity of Trump’s legal tactics.

Frank Bowman, an emeritus professor at the University of Missouri, predicts New York appellate judges will uphold Merchan’s ruling, though Trump’s unpredictable legal strategies mean anything could happen.