Trump’s sentencing hearing on November 26 will almost certainly be canceled

NEW YORK – Donald Trump’s victory means the nation’s first convicted felon to become president-elect is headed to the White House rather than a prison cell.

That’s because Trump’s Nov. 26 sentencing hearing in the cover-up money case will almost certainly not happen.

“I think any reasonable judge would not convict the president-elect,” said Jill Konwiser, a former trial judge in New York.

Imposing a sentence now – even a non-jail sentence such as house arrest, probation or community service – would interfere with the future president’s duties, legal experts say.

In theory, Judge Juan Merchan, who presided over the hush money trial, could try to impose a sentence as scheduled and order any sentence delayed until 2029, when Trump completes his term. But even that will pose problems, as Trump’s lawyers are likely to argue that bringing the president-elect into a state courtroom in the middle of a presidential transition will interfere with the orderly transition of power.

“His lawyers will say that he is busy with transition and therefore will not appear, and will ask that any sentencing be delayed until after the end of his presidency,” predicted former prosecutor Katherine Christian.

Trump was convicted in May on 34 counts of falsifying business records in connection with a scheme to conceal hush money payments to porn star Stormy Daniels during the 2016 presidential campaign. The maximum penalty is four years in prison and he was originally due to be sentenced to summer. But Trump managed to delay sentencing twice.

Trump faces three other criminal charges, all of which are still far from trial. all this will most likely turn off now that Trump has won the election.

If Merchan feels he won’t be able to hold a sentencing hearing on Nov. 26, it’s unclear whether he’ll throw it out altogether or try to delay the case for four years, planning to sentence Trump when he leaves office.

“There is no play here. This is an unprecedented situation,” Konviser said.

Merchan is scheduled to make a decision on November 12 Trump’s request on the reversal of the conviction, taking into account July Supreme Court decision on presidential immunity. If the judge sides with Trump on this request, the sentencing hearing will become moot. But many legal experts say Trump’s immunity argument in the hush money case is unlikely.

Merchan likely won’t say anything about a sentencing date until Trump’s legal team files a motion on the matter. Trump lawyer Todd Blanche did not respond to questions Wednesday.

Manhattan District Attorney Alvin Bragg’s office, which prosecuted the case, will also likely consider whether to impose a sentence. Legal experts said they do not expect Bragg to oppose the request to cancel the Nov. 26 hearing.

The district attorney’s office did not object to two previous deferments requested by Trump.

“I don’t think there will be a conviction even if the judge agrees that the case should go to sentencing,” said former Manhattan assistant district attorney Jeremy Saland.

“The former President/President-Elect has not been sentenced.”