Judge from Donald Trump criminal case for money of New York is set to decide on Tuesday whether to throw out Trump’s conviction based on the US Supreme Court’s recent ruling on presidential immunity.

A jury convicted Trump in May of all 34 counts of falsifying business records related to a hush money payment to adult film actress Stormy Daniel to hush up allegations of a 2006 sexual encounter with Trump to boost her election prospects at the 2016 presidential election.

If Judge Juan Merchan upholds the conviction, sentencing in the case is scheduled for Nov. 26, less than two months before Trump’s inauguration.

While the $130,000 payment preceded Trump’s ascension to the presidency, Trump argued that prosecutors filled “glaring holes in their case” with evidence related to official acts he performed later in office — which the Supreme Court ruled that they are prohibited in its July ruling. on presidential immunity.

Prosecutors argued that the case centers on “entirely personal” conduct with “no connection to any official duties of the presidency.”

“The evidence he claims is affected by the Supreme Court’s ruling is just a sliver of the mountains of testimony and documentary evidence the jury considered in finding him guilty beyond a reasonable doubt of all 34 felony charges.” , prosecutors said.

Defense attorneys argued that certain evidence — including Trump’s conversations with then-White House communications director Hope Hicks and Trump’s social media posts as president — affected the jury’s understanding of the case.

In one example cited by prosecutors, Hicks testified that Trump said he preferred the story about his hush-hush payment to come out after the election, suggesting he knew Daniels’ allegations could have impacted the race. In his closing statement, a prosecutor described the testimony as “the final nail in Mr. Trump’s coffin.”

In response, prosecutors argued that Hicks’ testimony “relates solely to off-the-record conduct” and would not be considered immune.

Trump has called for the verdict to be overturned or the case to be thrown out entirely. If Judge Merchan throws out the conviction, he could order a new trial — which would be delayed at least four years until Trump leaves office — or dismiss the charge entirely.

Merchan has already delayed sentencing twice — first after the July immunity ruling and again in September to “avoid any appearance — however unjustified — that the proceedings have been affected by the upcoming presidential election or seek to affect “. said the judge.

After Trump’s election victory, he is due to be inaugurated less than two months after his sentencing date, which limits Merchan’s options to punish the president-elect, experts say.

Trump’s conviction carries a sentence of up to four years in prison, although first-time offenders normally receive lesser sentences.

Meanwhile, special counsel Jack Smith is expected to drop both of Trump’s federal criminal cases — related to his efforts to overturn the 2020 election and to keep classified documents after he left the White House — based on a policy longstanding Justice Department rule barring the prosecution of sitting presidents. Trump’s criminal election interference case in Georgia has also been mired in delays, leaving his conviction in New York as the last of his criminal obstacles before he regained his presidency.

In his September order delaying sentencing until this month, Judge Merchan described the case as “one that stands alone, in a unique place in the history of this Nation.”