By Luc Cohen, Reuters
A judge pauses Donald Trump's conviction proceedings for a week. Photo: CHIP SOMODEVILLA / Getty Images via AFP
A New York state judge paused for a week further action on Donald Trump's conviction stemming from hush money paid to a porn star, a document made public on Wednesday showed.
Justice Juan Merchan delayed at least through until 19 November any decision on whether to vacate Trump's conviction due to the US Supreme Court's decision in July that presidents are immune from prosecution involving their official acts.
Manhattan District Attorney Alvin Bragg's office had said it agreed with a defence request to pause proceedings to consider how to approach the case in light of Trump's 5 November election win and looming inauguration in January 2025.
Trump in May became the first US president - former or sitting - convicted of a crime when a jury in Manhattan found him guilty on 34 felony counts of falsifying business records to cover up a potential sex scandal shortly before his first election win in 2016. Trump, who pleaded not guilty, has vowed to appeal the verdict after sentencing.
The judge has yet to delay sentencing, scheduled for 26 November, but legal experts widely expect it to be pushed back because of the Republican Trump's presidential election victory over Democratic Vice President Kamala Harris.
The prosecutors asked to have until 19 November to propose next steps, and Merchan agreed. "The People agree that these are unprecedented circumstances," prosecutors wrote.
At issue in the trial was a US$130,000 payment made by Trump's then-lawyer Michael Cohen to adult film actress Stormy Daniels to keep quiet about a sexual encounter she said she had with him in 2006 but which he has denied.
His lawyers argued that the case must be dismissed following the Supreme Court's July immunity decision, which also held that juries cannot be presented evidence of official presidential acts in trials over personal conduct. It marked the first time the court recognised any degree of presidential immunity from prosecution.
Trump's defence lawyer Emil Bove wrote that the case ultimately needed to be dismissed to avoid interfering with Trump's presidential duties.
"The stay, and dismissal, are necessary to avoid unconstitutional impediments to President Trump's ability to govern," Bove wrote.
- Reuters