Trump judge still awaiting Manhattan DA's sentencing recommendation

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McEnany on Judge Merchan delaying decision on Trump conviction: 'Take a hike!'

Fox News contributor Jonathan Turley joined 'Outnumbered' to discuss his take on Judge Merchan's decision to delay a ruling on the president-elect's criminal conviction. The panel also weighs in on the delay.

The Manhattan district attorney said a Bloomberg report on Tuesday morning claiming that Donald Trump's sentencing for 34 criminal charges had been "adjourned" was incorrect.

The wire was based on an automated schedule alert sent out by the court that stemmed from a court email from last week saying that all future dates had been stayed, according to the DA's office.

District Attorney Alvin Bragg is still slated to file a recommendation to Judge Juan Merchan on how to proceed. 

Merchan can move to either delay Trump's sentencing until after he leaves the White House, can dismiss the conviction outright, or can grant a sentence of unconditional discharge, which would leave the conviction intact but free Trump from any prison time, fines, or probation.

Trump was convicted in May by a Manhattan jury on 34 counts of falsifying business records, stemming from a case about payments made to porn star Stormy Daniels, which could have landed him a maximum sentence of up to four years in prison. 

But the presidential race — and Trump’s victory — had thrown the timeline for court proceedings into a fog of uncertainty.

Merchan granted a request from prosecutors earlier this month to stay all deadlines associated with the New York case, including a planned sentencing date of Nov. 26, in wake of Trump's election victory.

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Former President Donald Trump appears in court for arraignment before Judge Juan Merchan following his surrender to New York authorities at the New York County Criminal Court. (Seth Wenig-Pool Photo via USA TODAY) (Seth Wenig-Pool Photo via USA TODAY)

"The People agree that these are unprecedented circumstances," prosecutor Matthew Colangelo said in their request, which he added  would allow for prosecutors to better evaluate the impact of his election as president.

Trump's attorneys, who have pushed to vacate the charges against him completely, also backed the stay. 

The U.S. Supreme Court ruled in July that presidents should enjoy presumptive immunity from criminal prosecution for most actions taken as president, further complicating the path forward in the New York case.

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From left to right: Judge Juan Merchan, former President Donald Trump, and Manhattan District Attorney Alvin Bragg. (Getty Images, AP Images)

The high court ruled that presidents are entitled to absolute immunity from any actions taken within the scope of "core constitutional powers" as commander-in-chief. 

A presumption of immunity also applies to other actions taken while holding office, they said.

It is not clear whether a president is to be afforded the same level of constitutional protection for state convictions, however, and the matter has never been tested in court.

Bragg's office has insisted its case is focused solely on Trump's personal behavior, not his actions as president. 

Manhattan District Attorney Alvin Bragg speaks to the media after a jury found former President Donald Trump guilty on 34 felony counts of falsifying business records on Thursday, May 30, 2024, in New York.  (AP/Seth Wenig)

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Trump, for his part, has repeatedly characterized the case as a politically motivated "witch hunt," a refrain frequently used by the president-elect in an attempt to discredit his critics, political opponents, and prosecutors at the state and federal level. 

Even if Trump’s convictions were to be upheld, the president-elect has myriad ways to appeal the case or get the charges against him dismissed before the Nov. 26 sentencing hearing — making it all but certain he will face no time behind bars.

EDITOR'S NOTE: This story has been updated to note that the Manhattan DA has confirmed the sentencing had not been adjourned.