Donald Trump seen in court

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Lilith Foster-Collins

By Lilith Foster-Collins

News Reporter

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Judge Juan M. Merchan has delayed a critical ruling on presidential immunity to two days before Trump's scheduled sentencing, according to the Associated Press (AP).

Originally, the immunity decision was set for September 6 with sentencing planned for September 18.

However, at the request of Trump's legal team, Merchan has now rescheduled the immunity ruling for September 16.

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Trump's attorneys had filed a motion last week urging Merchan to first decide on their renewed appeal for the judge's recusal from the case.

Donald Trump seen in court

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The postponement of the immunity decision means the verdict will only take place if the judge decides not to step down.

In his letter made public on Tuesday, Judge Merchan emphasized that Trump is still expected in court on September 18 for "the imposition of sentence or other proceedings as appropriate."

The AP contacted prosecutors and Trump's lawyers for comment. The Manhattan district attorney's office, which is handling the prosecution, declined the AP's request to comment.

In May, a Manhattan jury convicted Trump of falsifying business records to hide a payment arrangement with adult film star Stormy Daniels shortly before the 2016 election.

At the time, Daniels was reportedly contemplating going public about an alleged sexual encounter she had with Trump years earlier.

Trump has repeatedly denied these allegations and asserted his innocence. He has also claimed the prosecution is politically driven.

Trump's legal team argues that the Supreme Court's July ruling on presidential immunity should overturn the May guilty verdict and dismiss the hush money case against Trump.

The Supreme Court's ruling protects former presidents from prosecutions for official acts, as well as limits prosecutors in using official acts as evidence against former presidents.

Trump's lawyers also contend the hush money trial was "tainted" by inadmissible evidence, including testimonies from former Trump White House staffers and messages on social media that Trump posted in 2018 while president.

The Manhattan district attorney's office argues that the Supreme Court's decision is irrelevant to the hush money case, as it involves unofficial actions not protected by presidential immunity.

Trump's attorneys requested for the third time last week that Merchan recuse himself from the case. They cited potential bias due to the judge's daughter's work for Vice President Kamala Harris during the 2020 presidential campaign. Trump's lawyer Todd Blanche argued that Harris' jump into the 2024 presidential race makes those issues "even more concrete."

Merchan previously rejected two prior recusal requests last year while calling the defense's concerns were "hypothetical."

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