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Judge delays ruling on whether to overturn Trump’s conviction following SCOTUS ruling
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Judge delays ruling on whether to overturn Trump’s conviction following SCOTUS ruling

A New York judge is delaying a hearing to determine whether President-elect Donald Trump’s conviction should be upheld.

Judge Juan Merchan was due to hear arguments on Tuesday following the Supreme Court’s July 1 ruling that presidents are not subject to criminal prosecution for official acts taken in office. Although the Supreme Court did not define “official acts,” Trump’s lawyers say the conviction should be overturned in light of the Supreme Court’s decision.

The hearing was expected to take place more than five months after Donald Trump was convicted on 34 felony counts of falsifying business records. Merchan adjourned the hearing to November 19.

If Merchan rejects Trump’s immunity claims, Trump could be sentenced on November 26. That sentence, however, remains in question after Trump’s victory in the presidential election last week. It is also unclear whether Merchan’s tardiness on Tuesday would also be a reason to impose the sentence.

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The sentencing faced several delays, primarily due to the Supreme Court’s ruling on immunity. It faced continuous delays because Merchan did not want to hold the hearing right before the presidential election.

In May, a jury found Trump guilty of all 34 counts of falsifying business records in his trial in New York, making him the first US president to be convicted of a crime. During the six-week trial, prosecutors alleged that Trump falsified records to hide damaging stories, including an alleged affair with porn star Stormy Daniels, before the 2016 presidential election.

The criminal trial in New York was the first of four for Trump. He faces federal charges in Florida for tampering with classified documents. He has also been indicted in Washington, DC, for allegedly engaging in a conspiracy to undermine the 2020 presidential election. In Georgia, Trump also faces charges of alleged election interference.

RELATED STORY | Jack Smith granted a stay in the federal prosecution of President-elect Trump after the election

Last week, special counsel Jack Smith was granted a break in the case in Washington in light of Trump’s presidential victory. All three of the remaining cases are expected to be dropped because Justice Department guidelines say a sitting president cannot be tried for crimes while in office.