Judge delays decision on Trump’s conviction dismissal amid presidential immunity debate

The judge presiding over Donald Trump’s New York criminal case has postponed a crucial decision on whether to dismiss the former president-elect’s conviction until November 19. Trump’s legal team is seeking dismissal based on a recent Supreme Court ruling on presidential immunity, arguing it shields Trump from prosecution for official acts committed during his presidency. The court’s conservative majority ruled 6-3, affirming broad immunity for presidents, a decision Trump’s attorneys swiftly invoked.

The charges stem from Trump’s May conviction on 34 felony counts, with a jury finding he had falsified business records to conceal an alleged affair with a porn star before the 2016 election. He is scheduled for sentencing on November 26, unless Judge Juan Merchan dismisses the case based on the new immunity precedent.

“The joint application for a stay of the current deadlines... until November 19, is granted,” read an email from the court, obtained by AFP.

If Merchan dismisses the case, Trump, 78, would avoid sentencing entirely. If not, Trump’s attorneys are expected to argue against any immediate sentencing, warning it could hinder Trump’s responsibilities as president-elect.

Legal and public reactions
Public opinion has been polarized. The Kansas City Star editorial board urged the court to consider an unprecedented move: “do what was once unthinkable—force a president-elect to take the oath of office in a jail cell.” Such a scenario, it argued, would symbolize America’s commitment to the rule of law.

However, Trump’s former attorney general, Bill Barr, criticized the New York case and others nationwide as “plainly brought for political purposes.” Barr argued that any continued pursuit of these cases would “distract the country and the incoming administration from the task at hand.”

Trump himself has repeatedly condemned the prosecution as a “witch hunt,” declaring it “should be rightfully terminated.” In addition to the New York case, Trump faces two federal cases—one over efforts to overturn the 2020 election, the other over alleged mishandling of classified documents. The special counsel handling both cases, Jack Smith, reportedly began winding down investigations following Trump’s election victory.

“Severe blow” to accountability
Legal expert Randall Eliason expressed concern that Trump’s re-election could prevent him from facing consequences. “Trump’s victory means he is unlikely to be held accountable for any of his alleged criminal misconduct,” Eliason noted in an analysis on Substack, calling it “a severe blow to the ideal of the rule of law.”

Trump’s legal saga adds another twist to an already dramatic election cycle, which saw Trump survive an assassination attempt in July, while President Joe Biden withdrew from the race, leading Vice President Kamala Harris to become the Democratic nominee.