Bragg does ‘not oppose’ Trump request to delay sentencing; awaits Judge Merchan’s approval

Manhattan District Attorney Alvin Bragg told Judge Juan Merchan Tuesday that he does not oppose former President Trump’s request to delay his sentencing scheduled for next week.

Trump on Monday moved to overturn his criminal conviction in the Manhattan case after the U.S. Supreme Court ruled that a former president has substantial immunity for official acts committed while in office.

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In a 6-3 decision, the court narrowed the case against the former president and returned it to the trial court to determine what is left of special counsel Jack Smith’s indictment. 

Former US President Donald Trump, left, and Susan Necheles, attorney for former US President Donald Trump, right, in a courtroom at Manhattan criminal court in New York.  (Getty Images)

Bragg charged Trump last year, and after a six-week trial last month, a jury found him guilty on all 34 counts of falsifying business records in the first degree. Trump had pleaded not guilty. 

Trump sent a letter to Merchan Monday night asking for permission to file a motion to vacate the jury’s Manhattan verdict and asking for a delay of his scheduled July 11 sentencing. 

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To file a motion in New York, defense and prosecution must first request permission from the judge in the case. 

Bragg, on Tuesday, responded to that request. 

“We are in receipt of defendant’s pre-motion letter dated July 1, 2024 seeking leave to file a motion to set aside the verdict pursuant to CPL § 330.30(1) based upon the Supreme Court’s July 1, 2024 decision in Trump v. United States,” Bragg wrote. “In that letter, defendant requested until July 10, 2024 to submit a memorandum of law in support of such motion.” 

Judge Juan Merchan imposed over a courtroom (AP)

“While defendant’s letter states that he does ‘not object to an adjournment of the July 11, 2024 sentencing date,’ his request to file moving papers on July 10 is necessarily a request to adjourn the sentencing hearing currently scheduled for July 11, 2024 pending resolution of the motion,” he wrote. “Although we believe defendant’s arguments to be without merit, we do not oppose his request for leave to file and his putative request to adjourn sentencing pending determination of his motion.” 

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Bragg requested a deadline of July 24 — two weeks after Trump’s requested deadline — to file and serve a response.

Trump’s sentencing was previously scheduled for July 11 — just days before the Republican National Convention, where Trump is expected to be formally nominated as the 2024 Republican presidential nominee. 

Fox News’ Maria Paronich contributed to this report.