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Trump Requests to Postpone Sentencing in NY Case, Citing the New Indictment of Jack Smith

Attorneys for former President Donald Trump are requesting a delay in his sentencing, which is scheduled for later this month, and have asked the New York judge to hold off on issuing any substantial decisions, citing developments in Trump's federal case.

Trump was convicted in May on 34 counts of falsifying business records, with his sentencing initially set for July 11 but later postponed to September 18. On September 16, the judge will consider Trump's appeal to dismiss the jury's verdict on the grounds of immunity.

In a letter dated August 30, Trump's legal team argued that sentencing before the November election could influence voting. They referenced a revised indictment by special counsel Jack Smith related to Trump's alleged election interference, citing a Supreme Court ruling affirming presidential immunity in official actions.


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The letter stated, "There is no good reason to sentence President Trump prior to November 5," and claimed the process was being expedited unnecessarily compared to other similar cases.

Trump's lawyers also pointed out that the special counsel's office had obtained a new indictment from a grand jury that had not previously examined the case. Trump recently appealed to a federal court in Manhattan, arguing that his state criminal case should be reviewed in light of the Supreme Court's decision, and that sentencing should be delayed until this matter is resolved.

While Trump’s federal request was rejected due to procedural deficiencies, prosecutors have not objected to his efforts to delay the sentencing. The Manhattan District Attorney's office deferred the decision to the judge.

Trump's attorneys previously expressed concerns that a September sentencing could affect the presidential election, particularly as early voting in some areas is already beginning. Trump was convicted in May for falsifying business records, allegedly linked to payments made during his 2016 campaign, which he denies.

Separately, special counsel Smith is seeking to revive Trump’s classified documents case, which was previously dismissed by a federal judge on grounds of improper appointment.

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