Judge Juan Merchan, who is presiding over the falsified business records case against Donald Trump in New York, has reportedly set a November 12 deadline to decide whether to dismiss the conviction due to presidential immunity.
This decision would come just weeks before Trump’s scheduled November 26 sentencing.
CNN’s chief legal correspondent Paula Reid explained on Wednesday that Merchan’s decision hinges on a recent Supreme Court ruling on presidential immunity.
“If he tosses the conviction, there won’t be a sentencing. But if the sentencing proceeds, Trump’s legal team will argue that, as president-elect, he should have the same constitutional protections as a sitting president, shielding him from state prosecution,” Reid reported.
This potential dismissal arises as the Department of Justice (DOJ) is also considering how to wind down federal cases against Trump.
Special counsel Jack Smith had previously overseen two cases involving Trump: the January 6 investigation and the Mar-a-Lago documents case.
The latter was dismissed in July by Judge Aileen Cannon, and DOJ policy generally maintains that sitting presidents cannot face prosecution.
The January 6 case has filing deadlines scheduled in November and December, while Smith has continued efforts to appeal the Mar-a-Lago case’s dismissal.
Trump was found guilty by a Manhattan jury in May on 34 counts of falsifying business records, which were elevated to felonies by Manhattan District Attorney Alvin Bragg.
These types of charges are typically misdemeanors unless they are connected to another felony, which Bragg has not specified.
Trump was initially set to be sentenced in July, but this date was postponed twice, eventually being set for November.
Following the Supreme Court’s July decision that presidents have immunity for official acts performed while in office, Trump’s legal team argues that New York’s conviction should be overturned, claiming that the evidence used—such as communications with aides and social media posts—qualifies as “official acts.”
As this legal battle unfolds, Trump’s team is focusing on immunity arguments to protect him from state prosecution, while DOJ officials weigh the implications of proceeding with federal cases in light of Trump’s status as president-elect.