Bragg ‘not opposing’ Trump’s request to delay sentencing; awaiting Judge Merchan’s approval

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

Trump on Monday filed a motion to overturn his conviction in a Manhattan criminal case after United States Supreme Court ruled that the former president has significant immunity for official acts undertaken while in office.

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

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

On Monday evening, Trump sent a letter to Merchan asking for permission to file a motion to overturn the Manhattan jury’s verdict and to postpone the scheduled July 11 sentencing.

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

Bragg responded to that request on Tuesday.

“We have received defendant’s July 1, 2024, pre-motion letter requesting leave to file a motion to vacate judgment pursuant to CPL § 330.30(1) based on 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 file a legal memorandum in support of such motion.”

“While defendant’s letter states that he ‘does not object to a postponement of the July 11, 2024 sentencing date,’ his request to file evidentiary documents on July 10 is necessarily a request to postpone the sentencing hearing, currently scheduled for July 11, 2024, pending the resolution of his motion,” he wrote. “While we believe defendant’s arguments are without merit, we do not oppose his request for leave to file his motion and his putative motion to postpone sentencing pending the resolution of his motion.”

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

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

Maria Paronich of Fox News contributed to this report.