Donald Trump's 2024 presidential win could prompt his hush money trial sentencing to be dismissed before the scheduled Nov. 26 date.
What Happened: Trump was found guilty on 34 counts of falsified business records in May in a New York trial known as the hush money trial.
Key witness testimony from former lawyer Michael Cohen and adult actress Stormy Daniels led to the 12-person jury finding Trump guilty on all 34 counts.
Sentencing was originally planned for July, but was delayed by Judge Juan Merchan to Sept. 18 due to a Supreme Court ruling that granted partial immunity to Trump.
Judge Merchan postponed the sentencing from September to Nov. 26 to distance the trial from the 2024 election.
With Trump winning, legal experts now believe Merchan will call off the sentencing.
"I think any reasonable judge wouldn't sentence the president-elect," retired New York trial judge Jill Konviser said, as reported by Politico.
Set to be inaugurated as president in January, legal experts say Trump could argue that any sentencing, whether it be jail, home confinement or community service would interfere with his upcoming presidential duties.
Former Manhattan assistant district attorney Jeremy Saland doesn't see the sentencing moving ahead.
"The former president/president-elect does not get sentenced," Saland told Politico.
Former prosecutor Neama Rahmani said Merchan may not "have the stomach to imprison a former president or president-elect,” as reported by the New York Post.
"Now that Trump has won, his criminal problems go away," Rahmani said.
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What's Next: Judge Merchan will be tasked with sentencing in the case if nothing changes. Each of the 34 counts of which Trump was found guilty comes with a punishment of up to four years in prison. Trump is unlikely to receive prison time due to having no criminal record.
The sentence is also limited to the total number of years Trump could face in prison, with New York limiting consecutive sentences for Class E felonies to a maximum of 20 years.
While he may not face prison time, a sentence of probation or home confinement could still occur and come ahead of inauguration day.
One option for Merchan would be to continue with the planned sentencing on Nov. 26 and any ruling would be deferred until 2029 when Trump is out of the White House. Merchan could also delay the sentencing until Trump is out of office.
The hush money trial is not the only case against Trump, with three other criminal cases currently pending. Each of these cases could also be closed after Trump's 2024 election victory.
Merchan also has to rule on a request by Trump for the guilty verdict to be thrown out after the Supreme Court ruling on presidential immunity. That ruling is currently scheduled for Nov. 12 and could make the Nov. 26 sentencing a non-issue.
While any prison sentence would complicate Trump’s presidency, there are no current rules against running for president or even being president if incarcerated.
Trump will also maintain control of his company Trump Media & Technology Group DJT if he is sentenced to prison.
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