New York Judge Juan M. Merchan had been set to rule Tuesday on their earlier request to throw out his conviction for a different reason — because of a U.S. Supreme Court ruling this summer on presidential immunity. Instead, he told Trump's lawyers he'd delay the ruling until Nov. 19 so that prosecutors can give their view of what to do in light of Trump's impending return to the White House.
According to emails filed in court Tuesday, Trump's lawyers and prosecutors had agreed in recent days to the one-week postponement.
Because of the “unprecedented circumstances,” prosecutors need to consider how to balance the “competing interests” of the jury's verdict and the presidency, prosecutor Matthew Colangelo wrote.
Trump lawyer Emil Bove, meanwhile, argued that throwing out the case is “necessary to avoid unconstitutional impediments to President Trump's ability to govern.”
Trump's lawyers and prosecutors had no immediate comment Tuesday.
A jury convicted Trump in May of falsifying business records related to a $130,000 payment to porn actor Stormy Daniels in 2016. The payout was to buy her silence about claims that she had sex with Trump.
He says they didn’t, denies any wrongdoing and maintains the prosecution was a political tactic meant to harm his latest campaign.
