NEW YORK (AP) — A judge has postponed a decision on whether to undo President-elect Donald Trump’s hush money conviction as prosecutors consider how to proceed in light of last week’s election and his lawyers argue for dismissal so he can run the country.
The postponement announced Tuesday comes at a dramatic and dynamic point in the New York case, which focused on how Trump accounted for payments to a porn actor before the 2016 election and produced a first-ever conviction of a former commander-in-chief.
Sentencing had been set for Nov. 26. But Manhattan prosecutors now say they’re reassessing, and they appear open to the possibility that the proceedings can’t go as planned.
“These are unprecedented circumstances,” Assistant District Attorney Matthew Colangelo wrote in an email to the court. He said prosecutors need to consider how to balance the “competing interests” of the jury’s verdict and the presidency.
Trump lawyer Emil Bove, meanwhile, argued the case must be thrown out altogether “to avoid unconstitutional impediments to President Trump’s ability to govern.”
The messages were exchanged over the weekend and released Tuesday, when Judge Juan M. Merchan had been set to rule on Trump lawyers’ earlier request to toss his conviction for a different reason — because of a U.S. Supreme Court ruling this summer on presidential immunity.
Instead, Merchan told Trump's lawyers he'd halt proceedings and delay the ruling until at least Nov. 19 so that prosecutors can suggest a way forward. Both sides agreed to the one-week postponement.
Trump campaign spokesperson Steven Cheung heralded the delay. He said in a statement that the president-elect's win makes it “abundantly clear that Americans want an immediate end to the weaponization of our justice system, including this case, which should have never been filed.”
Prosecutors declined to comment.
A jury convicted Trump in May of falsifying business records related to a $130,000 payment to porn actor Stormy Daniels in 2016. The payout was to buy her silence about claims that she had sex with Trump.
Trump says they didn’t have sex, denies any wrongdoing and maintains the prosecution was a political tactic meant to harm his latest campaign. Trump is a Republican. Manhattan District Attorney Alvin Bragg, whose office brought the case, is a Democrat, as is Merchan.
Just over a month after the verdict, the Supreme Court ruled that ex-presidents can’t be prosecuted for actions they took in the course of running the country, and prosecutors can’t cite those actions even to bolster a case centered on purely personal conduct.
Trump’s lawyers cited that ruling to argue that the hush money jury got some evidence it shouldn't have, such as Trump’s presidential financial disclosure form and testimony from some White House aides.
Prosecutors disagreed and said the evidence in question was only “a sliver” of their case.
Trump's criminal conviction was a first for any ex-president. It left the 78-year-old facing the possibility of a fine, probation or up to four years in prison.
The case centered on how Trump accounted for reimbursing a personal attorney for the Daniels payment.
The then-lawyer, Michael Cohen, fronted the money. He later recouped it through a series of payments that Trump’s company logged as legal expenses. Trump, by then in the White House, signed most of the checks himself.
Prosecutors said the designation was meant to cloak the true purpose of the payments and help cover up a broader effort to keep voters from hearing unflattering claims about Trump during his first campaign.
Trump said that Cohen was legitimately paid for legal services, and that Daniels’ story was suppressed to avoid embarrassing Trump’s family, not to influence the electorate.
Trump was a private citizen, campaigning for president, when Cohen paid Daniels in October 2016. He was president when Cohen was reimbursed, and Cohen testified that they discussed the repayment arrangement in the Oval Office.
Trump has been fighting for months to overturn the verdict. While urging Merchan to nix the conviction, the president-elect also has been trying to move the case to federal court. Before the election, a federal judge repeatedly said no to the move, but Trump has appealed.
Trump faces three other unrelated indictments in various jurisdictions.
But Justice Department special counsel Jack Smith has been evaluating how to wind down both the 2020 election interference case and the separate classified documents case against Trump before he takes office, a person familiar with the matter told The Associated Press. The person spoke on condition of anonymity because they were not authorized to discuss the matter publicly. Longstanding Justice Department policy says sitting presidents cannot be prosecuted.
Meanwhile, a Georgia election interference case against Trump is largely on hold while he and other defendants appeal a judge’s ruling allowing Fulton County District Attorney Fani Willis to continue prosecuting it.
Associated Press reporter Alanna Durkin Richer in Washington contributed to this report.
Former President Donald Trump, standing with defense attorney Todd Blanche, speaks at the conclusion of proceedings for the day at his trial at Manhattan criminal court, Tuesday, May 14, 2024, in New York. (AP Photo/Craig Ruttle, Pool)
Pro Picks is a weekly column where AP Pro Football Writer Rob Maaddi shares his picks for upcoming games. For all previous Pro Picks, head here.
Russell Wilson and Lamar Jackson go head-to-head for first place. Josh Allen and Patrick Mahomes renew their rivalry. Jalen Hurts and Jayden Daniels start theirs.
Big-time quarterback matchups highlight the NFL’s Week 11 schedule.
Wilson and the Steelers (7-2) host two-time MVP Jackson and the Ravens (7-3) in a showdown in the AFC North on Sunday. Then Mahomes and the undefeated Chiefs (9-0) take on Allen and the AFC East-leading Bills (8-2) in a playoff rematch.
The NFC East lead is at stake when the Commanders (7-3) and Eagles (7-2) kick off the week on Thursday night.
Five road teams are favorites, including Baltimore, according to BetMGM Sportsbook. Pro Picks seeks another winning week.
Line: 49ers minus 6 1/2
The Seahawks haven’t defeated the 49ers since Wilson was their quarterback in 2021. San Francisco has won six straight in the series, including a playoff victory. Seattle is a long way from its 3-0 start under rookie coach Mike Macdonald. The Seahawks are coming off a bye, and they have the NFL’s No. 1 passing offense behind Geno Smith but their defense is bottom third. The 49ers just got Christian McCaffrey back last week and this is the time of year when they go on a run. They were 9-0 after a bye in 2022, 6-0 after it last season and started 1-0 with last week’s win in Tampa Bay. Brock Purdy had an excellent game against the Buccaneers and is 5-0 with a passer rating above 115 against the Seahawks.
BEST BET: 49ERS: 31-20
Line: Chargers minus 1 1/2
Joe Burrow, Ja’Marr Chase and the Bengals had a shot to knock off the Ravens last week, but blew a 14-point lead and then couldn’t convert a 2-point conversion at the end. Burrow is playing his best football but has a tough challenge against a defense that has two straight games of six sacks or more. The Chargers are giving up the fewest points per game (13.1) and Justin Herbert has benefited from a strong rushing attack. The Chargers are 3-0 against the spread as a home favorite. The Bengals are 2-1 ATS as an underdog.
UPSET SPECIAL: BENGALS: 23-20
Line: Eagles minus 3 1/2
The NFC East lead is on the line when Jalen Hurts and the Eagles seek their sixth straight win. Philadelphia has the league’s No. 2 defense and No. 6 offense. Saquon Barkley leads the NFL’s second-best rushing attack. Rookie QB Jayden Daniels and first-year coach Dan Quinn have led a major turnaround in Washington. The Commanders’ offense is fourth in yards and second in scoring at 29 points per game. Washington gave up 28 points in a loss to the Steelers and need to rebound against a dynamic offense.
EAGLES: 29-24
Line: Packers minus 6 1/2
Fresh off a bye, the Packers seek their first NFC North victory after losing to the two teams ahead of the them: Detroit and Minnesota. Jordan Love has thrown 10 picks in 240 attempts. Caleb Williams has struggled during a three-game losing streak and the Bears fired their offensive coordinator this week. Maybe a fresh voice can help Williams get going. Green Bay is 10-0 against the spread in the past 10 games vs. Chicago. The Bears are 2-13 straight up in the past 15 divisional games.
PACKERS: 24-16
Line: Lions minus 14
The Lions found a way to win a difficult road game in Houston despite Jared Goff’s five interceptions. With tougher games coming up, they can’t afford a letdown against the overmatched Jaguars. Jacksonville might be the biggest disappointment in the league this season. The Jaguars are 1-6 in one-score games and have lost 13 of 16 since an 8-3 start last year after winning their division in 2022. Mascot Jaxson De Ville might be the team’s MVP.
LIONS: 31-16
Line: Vikings minus 6
Sam Darnold is starting to show why he’s on his fourth team, but the Vikings are still winning thanks to a stout defense. Darnold has five interceptions in the past two games and is tied with Love and Geno Smith for the most interceptions in the NFL with 10. Will Levis returned from injury and had his best game for the Titans in another loss. Tennessee still has the top-ranked defense in the league, giving up the fewest yards per game.
VIKINGS: 23-16
Line: Dolphins minus 8
Miami’s offense is almost back on track with Tua Tagovailoa and the defense stepped up in a road win against the Rams on Monday night. The Dolphins can climb back into the AFC wild-card race with two winnable games coming up against the lowly Raiders and the Patriots. Las Vegas returns from a bye with three new assistant coaches. The Raiders have bigger issues. The offense can’t score and the defense can’t stop opponents from finding the end zone. A short week for Miami off a West Coast game prevents a rout.
DOLPHINS: 23-16
Line: Rams minus 4 1/2
The inconsistent Rams blew a chance to better position themselves for a playoff run with a home loss to Miami. They’ve got an opportunity to rebound against an overmatched team that’s coming off an impressive road win. Drake Maye has been a bright spot for the Patriots and earned his first win as a starter in Chicago. New England sacked Caleb Williams nine times and could make it a long afternoon for Matthew Stafford.
RAMS: 24-17
Line: Saints minus 1
Jameis Winston returns to New Orleans where he started 10 games in four seasons with the Saints. Winston excelled while leading the Browns to an upset win over the Ravens in his first start and struggled in his second. The Browns are coming off a bye and aren’t as bad as their record. The Saints upset the first-place Falcons in interim coach Darren Rizzi’s debut. They haven’t turned the ball over in three games, though only won once. Cleveland’s Nick Chubb could have a breakout game against a bottom-six run defense in his fourth game back.
BROWNS: 20-17
Line: Jets minus 3 1/2
The Colts are going back to Anthony Richardson after Joe Flacco had six turnovers, including four interceptions, in the past two games. Cornerback Kenny Moore doesn’t think his teammates are working hard enough. The Jets are more of a mess. Aaron Rodgers hasn’t made an impact. The offense is 26th in yards and averaging just 17.7 points per game. New York’s defense has gone downhill since Robert Saleh was fired. Someone has to win, though.
JETS: 17-16
Line: Ravens minus 3
The Steelers have dominated this rivalry, winning seven of the past eight games. Wilson gets his first taste of it after leading Pittsburgh to three straight wins in his first three games. The Ravens have the No. 1 rushing offense and are first overall in total yards. But the Steelers are fourth against the run. Jackson is 2-4 with four TDs, seven interceptions and a 66.8 passer rating against Baltimore. The Ravens are 1-5 ATS in their past six games vs. Steelers.
RAVENS: 24-23
Line: Broncos minus 2 1/2
The Falcons couldn’t overcome Younghoe Koo’s three missed field goals in New Orleans. Now, Kirk Cousins and the rest of Atlanta’s offense face a tough challenge in Denver against the league’s fifth-ranked defense. Bo Nix outplayed Mahomes last week and should have plenty of time to throw facing the league’s worst pass rush. Sean Payton has to make sure the Broncos aren’t sulking after a crushing loss in Kansas City.
BRONCOS: 24-20
Line: Bills minus 2 1/2
The Chiefs barely stayed undefeated thanks to a blocked field goal on the final play against Denver. Their plus-58 point differential is the lowest of any of the 34 teams that have started 9-0. But Patrick Mahomes relishes the underdog role. The Chiefs have won five straight games as underdogs, including a victory at San Francisco in Week 7. Mahomes is 11-3 during his career as a underdog. The Bills are off to their best start since 1993 thanks to feasting on teams with a combined record of 26-49. Josh Allen is 3-1 against Mahomes in the regular season, 0-3 in the playoffs, including a home loss in the divisional round last January.
CHIEFS: 22-20
Line: Texans minus 7 1/2
The Texans blew a 16-point lead against Detroit and failed to take advantage of five picks. C.J. Stroud needs to get the offense going and could get help if receiver Nico Collins returns. Houston won’t need to score many points against Dallas, which won’t have Dak Prescott for the rest of the season. The Cowboys can’t run the ball and that makes everything more difficult for backup QB Cooper Rush. Micah Parsons is the only one who could keep Dallas from another 20-point loss.
TEXANS: 27-16
Last week: Straight up: 10-4. Against spread: 9-5.
Overall: Straight up: 104-48. Against spread: 81-69-2.
Prime-time: Straight up: 22-10. Against spread: 15-16-1.
Best Bet: Straight up: 7-3. Against spread: 6-4.
Upset Special: Straight up: 7-3. Against spread: 7-3.
AP NFL: https://apnews.com/hub/nfl
Pittsburgh Steelers quarterback Russell Wilson throws during the first half of an NFL football game against the Washington Commanders, Sunday, Nov. 10, 2024, in Landover, Md. (AP Photo/Nick Wass)
Baltimore Ravens quarterback Lamar Jackson passes the ball during the first half of an NFL football game against the Cincinnati Bengals, Thursday, Nov. 7, 2024, in Baltimore. (AP Photo/Nick Wass)
Buffalo Bills quarterback Josh Allen (17) tlooks to throw a pass during the second half of an NFL football game against the Indianapolis Colts, Sunday, Nov. 10, 2024, in Indianapolis. (AP Photo/Darron Cummings)
Graphic shows NFL team matchups and predicts the winners in this week’s action.
Kansas City Chiefs quarterback Patrick Mahomes smiles following an NFL football game against the Denver Broncos Sunday, Nov. 10, 2024, in Kansas City, Mo. The Chiefs won 16-14. (AP Photo/Charlie Riedel)
