Manhattan prosecutors on Monday said they would not oppose a rescheduling of Donald Trump’s upcoming sentencing in his hush money case to allow time to resolve questions surrounding the Supreme Court’s presidential immunity decision — but that his other legal arguments are “bizarre.”
Responding to Trump’s Hail Mary pass to delay the proceeding set for Sept. 18, prosecutors said that if Manhattan Supreme Court Justice Juan Merchan denies the former president’s request to toss his conviction based on the Supreme Court ruling two days before the sentencing — when that decision is due — it would mean an appeals court will have to “decide certain issues of first impression in one day.”
Merchan has to decide whether the July 1 ruling by the high court’s conservative supermajority, which found presidents’ “official acts” are shielded from criminal repercussions, meant evidence dating to Trump’s time in office was improperly admitted and, if so, whether the error was harmless.
“None of defendant’s remaining arguments merit any consideration,” prosecutors wrote, in reference to Trump’s allegations that the judge is biased because his daughter works as a political consultant for a progressive digital agency and that tweets by her coworker about Vice President Kamala Harris’ campaign present a conflict.
“Defendant’s ostensibly new argument about the Court’s family member’s coworker’s tweets is bizarre and has nothing to do with the post-trial schedule.”
Trump’s attorneys did not immediately respond to a request seeking comment. It’s not clear when the judge will respond to his rescheduling request.
A Manhattan jury found Trump guilty of 34 counts of falsifying business records on May 30. The case centered on his 2017 reimbursement to his former lawyer, Michael Cohen, for paying off porn star Stormy Daniels in a scheme to hide unflattering information about his sexual history from the voting public.
Trump also wants prosecutors barred from telling the judge what they think his punishment should be, which they said was misplaced — noting the only way the sealed request could get out is if Merchan makes it public or Trump discloses it.
The charges carry up to four years in prison or potentially a term of probation.
Trump still faces criminal cases in Washington, D.C., and Georgia for allegedly plotting to overturn the results of the 2020 election. He maintains his innocence.