Trump, who is the Republican nominee in this year’s US election, is scheduled to be sentenced on 18 September – around seven weeks before Americans go to the polls.
Todd Blanche, a lawyer for Trump, suggested in a letter made public on Thursday that sentencing the former president on the scheduled date would amount to election interference.
Mr Blanche also claimed in his letter that the current sentencing date is unfair to Trump because it is scheduled to take place two days after the trial judge, Juan Merchan, is expected to rule on the defence’s request to overturn the verdict and dismiss the case because of the US Supreme Court’s July presidential immunity ruling.
In that historic decision, the justices said for the first time that former presidents have absolute immunity from prosecution for their official acts, but no immunity for unofficial acts.
Mr Blanche has argued in his letter that prosecutors will be submitting their punishment recommendation in the hush money case while Judge Merchan is still weighing up whether to dismiss it.
Image: Stormy Daniels in 2018. Pic: AP
Trump’s lawyers argue that, in light of the Supreme Court ruling, jurors in the hush money case should not have heard such evidence as former White House staffers describing how the then-president reacted to news coverage of the Ms Daniels deal.
If Judge Merchan rules against Trump on the dismissal request, the former president will need “adequate time to assess and pursue state and federal appellate options,” Mr Blanche wrote in his letter on Wednesday.
Judge Merchan had earlier rejected the defence’s latest request that he step aside from the case.
In the letter, Mr Blanche reiterated the defence argument that the judge has a conflict of interest because his daughter works as a Democratic political consultant, including for Kamala Harris when she sought the 2020 presidential nomination.
Ms Harris is now the Democratic candidate running against Trump in the race for the White House.
By adjourning the sentencing until after this year’s election, “the court would reduce, even if not eliminate, issues regarding the integrity of any future proceedings,” Mr Blanche wrote.
Judge Merchan, who has said he is confident in his ability to remain fair and impartial, did not immediately rule on the delay request.
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New Yorkers cheer Trump’s guilty verdict
What was the hush money trial about?
Cohen paid $130,000 to Daniels to keep her quiet about an alleged 2006 sexual encounter she had with Trump until after the 2016 election, when he defeated Democrat Hillary Clinton.
Trump denies ever having sex with Ms Daniels and has said he will appeal against the conviction. However he cannot appeal until after sentencing.
Prosecutors said the payment was part of an illicit scheme to influence the 2016 election.
Trump denies business records were falsified and said the case was a political manoeuvre meant to damage his current campaign to return to the White House.
Falsifying business records is punishable by up to four years behind bars.
Other potential sentences include probation, a fine or a conditional discharge which would require Trump to stay out of trouble to avoid additional punishment.
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