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Manhattan Supreme Court Justice Juan Merchan is expected to rule on immunity in the sentencing of President-elect Donald Trump today.
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Manhattan Supreme Court Justice Juan Merchan is expected to rule on immunity in the sentencing of President-elect Donald Trump today.

A Manhattan judge is scheduled to rule Tuesday on whether President-elect Donald Trump’s historic murder conviction in his hush money trial will be overturned based on a request for presidential immunity.

Manhattan Supreme Court Justice Juan Merchan delayed ruling on the matter last week after a joint request from both the prosecution and defense.

The Manhattan District Attorney’s Office, citing conversations with Trump’s defense team in light of his presidential victory last Tuesday, asked Merchan to delay his decision so he could prepare his own legal arguments.

Merchan’s ruling could have a dramatic impact on Trump’s historic criminal conviction if the judge rules in his favor and overturns the jury’s guilty verdict.

If Merchan rules against Trump and goes forward with sentencing scheduled for Nov. 26, Trump could be sentenced to up to four years in prison. Although some legal experts have speculated that Trump, who has no prior criminal convictions, will likely receive probation.

Trump’s sentencing was originally scheduled for July, but was delayed after the Supreme Court ruled that presidents have immunity from prosecution for their official acts.

Trump was convicted in May of 34 counts of falsifying business records to hide $130,000 in money for an adult film actress with whom he had a sexual relationship that prosecutors said Trump was desperate to hide to the American public while running for president in the 2016 election cycle. Trump died at the meeting and the hush money payments.

He was the first president or former president to be convicted of a crime. Trump was also the first former president to be impeached after Merchan did so, when Trump violated an order barring him from speaking publicly about court personnel or jurors.

Trump’s lawyers, Todd Blanche and Emil Bove, argued that the jury’s verdict should be overturned in light of the Supreme Court’s decision.

Separately, last week Trump announced plans to nominate Blanche as deputy attorney general and Bove as principal deputy attorney general.

Former then-President Donald Trump is awaiting the start of proceedings…

Then-former President Donald Trump is awaiting trial in Manhattan Criminal Court in April. Credit: AP/Yuki Iwamura

Legal experts also cited the US Constitution’s Supremacy Clause — a legal principle that dictates federal law trumps state law — and is understood to dictate that states cannot impeach a sitting president.

At Trump’s trial earlier this year, prosecutors alleged that Trump hatched a “criminal conspiracy” to win the election about two months after he first announced his run for president in June 2015.

Trump executed a series of “catch and kill” schemes by paying off people who claimed to have negative stories about Trump in partnership with his then-personal lawyer Michael Cohen and tabloid publisher David Pecker, prosecutors said.

Prosecutors alleged adult film actress Stormy Daniels was paid $130,000; former Playboy model Karen McDougal, who also claimed to have had an affair with Trump, was paid $150,000; Dino Sajudin, a Trump Tower attendant who shopped around a false story that Trump fathered a child out of wedlock, was paid $30,000.

Prosecutors said the payment was illegally recorded in the Trump Organization’s records as legal services as part of a retainer agreement, but neither the retainer nor the legal services existed.