A New York judge has given Donald Trump permission to file for the dismissal of the criminal case in which he was found guilty of 34 felony counts related to hush money payments. The decision follows his victory in the November 5 U.S. presidential election.
On Friday, New York State Supreme Court Justice Juan Merchan postponed Trump’s sentencing, which was originally set for next Tuesday. Prosecutors from Manhattan District Attorney Alvin Bragg’s office requested a delay, suggesting all case proceedings should wait until Trump, now 78, completes his upcoming four-year presidential term beginning January 20.
Trump’s Legal Team Seeks Dismissal
Trump’s lawyers argued the case should be dropped, claiming it imposes “unconstitutional impediments” to his ability to govern as president. While Bragg’s office opposed the dismissal, it agreed to allow Trump time to present his case through written motions.
Merchan set December 2 as the deadline for Trump to file his motion for dismissal and gave prosecutors until December 9 to respond. However, the judge did not specify a new sentencing date or how long the case would remain paused. No decision timeline was provided for Trump’s dismissal motion.
Background of the Case
The case revolves around a $130,000 payment made by Trump’s former lawyer, Michael Cohen, to adult film actress Stormy Daniels ahead of the 2016 election. The payment was allegedly meant to keep Daniels silent about a sexual encounter she claimed to have had with Trump a decade earlier—a claim Trump denies.
A Manhattan jury convicted Trump of falsifying business records to cover up his reimbursement of Cohen. This marked the first time in U.S. history that a former or sitting president faced criminal charges or a conviction.
Trump, who has pleaded not guilty, has labeled the case a politically motivated attack by District Attorney Alvin Bragg, a Democrat, aiming to undermine his campaign.
Neither Trump’s campaign team nor Bragg’s office immediately commented on the developments.