The judge in Donald Trump’s criminal hush money case in New York ordered Tuesday to delay any decision on whether to throw out Trump’s conviction based on the U.S. Supreme Court’s recent decision on presidential immunity. Judge Juan Merchan was scheduled on Tuesday to decide the fate of the case, but both sides requested more time to consider how to proceed now that Trump is president-elect.

Merchan granted the request by attorneys for the defense and prosecution to delay the proceedings for another week. He gave himself a Tuesday deadline to announce his decision after pushing sentencing until after the election.Merchan wrote: “As per the People’s request, the People are to file with the Court, off calendar, your view of appropriate steps going forward.”  

Sentencing was originally slated for July 11, at which time Merchan moved the date back as Trump campaigned for the presidency. The Republican National Convention took place four days after the original sentencing date. Ahead of the next scheduled date (Sept. 18) Merchan announced sentencing would stay on hold until after the election.

A jury convicted Trump in May of all 34 felony counts of falsifying business records related to a hush money payment to adult film actress Stormy Daniel to silence allegations about a 2006 sexual encounter with Trump to boost his electoral prospects in the 2016 presidential election.

Sentencing in the case is currently scheduled for Nov. 26, less than two months ahead of Trump’s inauguration. Trump has asked that the verdict be overturned or the case be thrown out entirely. If Judge Merchan tosses the conviction, he could order a new trial — which would be delayed for at least four years until Trump leaves office — or dismiss the indictment altogether.

If Trump’s conviction holds up, he will be the first convicted felon in the office of the president. He faces up to four years in prison.

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