Demonstrators outside the US Supreme Court on 1 July 2024, where it ruled that US presidents can have criminal immunity for some official acts – which Donald Trump will now argue includes covering up payments to a porn star. (CHIP SOMODEVILLA /Getty Images via AFP)

• Donald Trump will now be sentenced no earlier than 18 September – well after his Republican Party’s convention – for falsifying business records.
• A judge on Tuesday granted his request for a delay so he can argue he had immunity all along.
• That argument stems from a US Supreme Court ruling on Monday.

A New York judge on Tuesday delayed Donald Trump’s sentencing for his conviction on criminal charges stemming from hush money paid to a porn star until 18 September, after the former US president asked for a chance to argue he should have been immune from prosecution.

The sentencing had previously been set for 11 July, just days before the Republican National Convention begins in Milwaukee on 15 July. Trump is expected to be his party’s nominee to challenge Democratic President Joe Biden in the 5 November election.

Trump faces an uphill battle getting the hush money conviction overturned, since much of the conduct at issue in the case predated his time in office.

Trump’s lawyers on Monday asked Justice Juan Merchan to allow them to argue his conviction in New York state court in Manhattan should be overturned due to the US Supreme Court’s ruling on 1 July that American presidents are entitled to immunity from criminal prosecution for official acts.

Prosecutors with Manhattan District Attorney Alvin Bragg’s office said Trump’s argument was “without merit,” but agreed to delay the sentencing to give Trump the chance to make his case.

A Manhattan jury on 30 May found him guilty of falsifying business records to cover up his former lawyer Michael Cohen’s $130 000 payment to adult film actress Stormy Daniels to stay quiet about an alleged 2006 sexual encounter until after the 2016 election, when Trump defeated Democrat Hillary Clinton.

Prosecutors said the payment was part of an illicit scheme to influence the election. Trump denies having had sex with Daniels and has vowed to appeal the conviction after his sentencing.

In their letter to Merchan, defense lawyers argued that prosecutors had presented evidence involving Trump’s official acts as president, including social media posts he made and conversations he had while in the White House.

Under the Supreme Court’s ruling, prosecutors cannot use evidence related to official actions to help prove criminal cases involving unofficial actions.

“This official-acts evidence should never have been put before the jury,” lawyers Todd Blanche and Emil Bove wrote. Last year, Trump made a similar argument as part of an unsuccessful push to move the hush money case to federal court. In denying Trump’s request in July 2023, US District Judge Alvin Hellerstein wrote that the payment to Daniels “was a purely personal item.”

“Hush money paid to an adult film star is not related to a president’s official acts,” Hellerstein wrote.

Trump’s lawyers appealed Hellerstein’s decision, but later abandoned the effort.