Judge Merchan has delayed his decision on President Trump's presidential immunity until September 16, just two days before Trump’s scheduled sentencing, as a key legal battle continues. The ruling on immunity was initially set for September 6, with sentencing slated for September 18. However, Trump’s legal team has requested that Judge Merchan first address their renewed bid for recusal.
In a letter released Tuesday, Judge Merchan indicated that the immunity decision will proceed on September 16 if necessary, following his determination next week on whether to recuse himself from the case. He confirmed that Trump remains scheduled to appear in court on September 18 for sentencing or other proceedings.
In May, a jury found Trump guilty of falsifying business records related to a payment made to Stormy Daniels shortly before the 2016 election. Trump's former lawyer, Michael Cohen, paid Daniels, and Trump later reimbursed Cohen, recording the repayment as legal expenses. Prosecutors argued this was an attempt to conceal the nature of the transactions.
Trump has denied Daniels' allegations, maintained his innocence, and labeled the case as politically motivated, pointing out that Manhattan DA Alvin Bragg is a Democrat who campaigned on “getting Trump”, and has conflicts of interest. Trump's legal team argues that a recent Supreme Court ruling on presidential immunity should overturn the verdict and dismiss the case. They also claim the trial was “tainted” by improper evidence, including testimony from Trump’s former White House staff and tweets from his presidency.
The Supreme Court’s ruling limits prosecutions of former presidents for official acts and restricts the use of official acts as evidence of illegal behavior in unofficial actions.
Additionally, Trump’s attorneys have requested for the third time that Judge Merchan recuse himself, citing concerns over potential bias due to his daughter’s work for Vice President Kamala Harris’ 2020 presidential campaign. Merchan had previously rejected two recusal requests, deeming the concerns as “hypothetical” and based on “innuendos” and “unsupported speculation.”
Trump's attorneys and the Manhattan District Attorney’s office, which is prosecuting the case, have both declined to comment.
