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Trump’s Nov. 26 sentencing hearing will almost certainly be canceled
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Trump’s Nov. 26 sentencing hearing will almost certainly be canceled

NEW YORK — Donald Trump’s victory means the nation’s first convicted felon turned president-elect is headed to the White House instead of a prison cell.

That’s because Trump’s Nov. 26 sentencing hearing in the hush money case almost certainly won’t happen.

“I think any reasonable judge would not convict the president-elect,” said Jill Konviser, a retired judge from New York.

Imposing a sentence now — even one without jail time, such as house arrest, probation or community service — would interfere with the future president’s duties, legal experts say.

In theory, the judge presiding over the hush money trial, Judge Juan Merchan, could try to proceed with sentencing as scheduled and order any sentencing to be delayed until 2029, when Trump completes his term. But even that would pose problems, as Trump’s lawyers are sure to argue that transporting the president-elect to a state courtroom in the middle of a presidential transition would prevent an orderly transfer of power.

“His lawyers will say he’s busy with the transition and so he won’t show up, and they’ll ask that any sentencing be delayed until after the presidency,” predicted former prosecutor Catherine Christian.

Trump was convicted in May on 34 counts of falsifying business records in connection with a scheme to cover up a hush money payment to porn star Stormy Daniels during the 2016 presidential campaign. The maximum sentence is four years in prison, and he was originally scheduled to be sentenced during the summer. But Trump managed to postpone the sentencing date twice.

Trump faces three other criminal cases, all of which are far from trial — and all of these are likely to close now that Trump has won the election.

If Merchan finds himself unable to preside over the Nov. 26 sentencing hearing, it’s unclear whether he would cancel it altogether or try to put the case on hold for four years, with a plan to sentence Trump when he leaves office.

“There is no playbook here. This is an unprecedented situation,” Konviser said.

Merchanul is scheduled separately to rule on November 12 on a Trump’s request that the guilty verdict be set aside in light of the July Supreme Court ruling on presidential immunity. If the judge sides with Trump on this request, the sentencing hearing would become moot. But many legal experts see Trump’s hush money immunity argument as a long shot.

Merchan likely won’t tip his hand on a sentencing date until Trump’s legal team files a motion on the matter. Trump’s attorney, Todd Blanche, did not respond to questions Wednesday.

The office of Manhattan District Attorney Alvin Bragg, who prosecuted the case, will likely weigh whether sentencing should take place. Legal experts said Bragg was not expected to oppose a motion to cancel the Nov. 26 hearing.

Prosecutors did not oppose the two previous delays in sentencing that Trump requested.

“I don’t see the sentence being imposed even assuming the judge agrees the case should go to sentence,” said former Manhattan Assistant District Attorney Jeremy Saland.

“The former president/president-elect is not convicted.”