Donald Trump’s recent election win has put Judge Juan M. Merchan in a challenging position: can he move forward with sentencing the president-elect, or would that disrupt Trump’s constitutional duty to lead the country?
Court filings released Tuesday show that Merchan has paused the case until at least Nov. 19 as he and both legal teams deliberate on the next steps. Trump’s sentencing, initially slated for Nov. 26, is now uncertain.
Trump’s Legal Team Pushes for Verdict Dismissal
Trump’s lawyers are calling on Merchan to void the historic criminal conviction, which marks the first for a former and now incoming U.S. president. Arguing it’s “in the interests of justice,” they urge Merchan to dismiss the verdict, while Manhattan prosecutors advocate for a solution that respects both the jury’s decision and Trump’s presidential duties.
Scenarios for Moving Forward
Option 1: Delay Sentencing Until Trump’s Term Ends
One approach Merchan could take is to postpone sentencing until after Trump’s presidency, potentially until 2029. By that time, Trump, now 78, would be 82 years old and far removed from the events central to the case, which involve his alleged efforts to conceal a $130,000 payment to silence adult film actress Stormy Daniels during the 2016 campaign. However, Merchan’s current term ends before 2029, which might complicate this route.
Option 2: Grant Trump’s Immunity Claim
Another potential outcome is Merchan’s acceptance of Trump’s appeal to overturn the verdict based on a Supreme Court ruling from July, which grants former presidents broad immunity from prosecution for actions tied to official duties. Trump’s defense argues that evidence from his first term, which prosecutors used, “tainted” the case. If Merchan sides with Trump, he could order a retrial post-presidency or dismiss the indictment entirely.
Option 3: Wait for a Federal Court Decision
Merchan could opt to hold off until the 2nd U.S. Circuit Court of Appeals addresses Trump’s request to move the case from state to federal court. Trump’s team argues federal jurisdiction is warranted, citing presidential immunity. This approach could delay proceedings further, especially as the appeals court has set a Jan. 13 deadline for prosecutor responses — a week before Trump’s inauguration.
Option 4: Dismiss the Case Entirely
Merchan also has the option to end the case by overturning Trump’s conviction on all 34 felony counts and dismissing the indictment, thus sparing Trump from any sentencing or penalties. Trump’s attorneys argue this is the only way to prevent “unconstitutional impediments” to his ability to govern.
Option 5: Proceed with Sentencing
Alternatively, Merchan could choose to proceed with sentencing. Legal experts suggest a prison sentence is unlikely, with penalties potentially ranging from fines to probation. According to George Mason University law professor Ilya Somin, “Any prison sentence would likely be blocked or suspended in some way,” while a lighter punishment “probably wouldn’t impede Trump to any meaningful degree.”
Special Counsel Prepares to Resign Amid Trump’s Victory
Special Counsel Jack Smith is planning to resign before Trump’s inauguration, according to a source familiar with the matter. Smith’s office is evaluating how to conclude its investigations into Trump’s remaining federal cases, given the Justice Department’s policy against prosecuting a sitting president. The New York Times first reported Smith’s departure plans, which align with the Justice Department’s longstanding protocols following Trump’s re-election.
