Donald Trump wants a sentencing delay until after election. The DA is open to it

Former President Donald Trump's request for a delay in sentencing for falsifying business records that concealed hush money paid to a porn star was given a boost when prosecutors didn't take a position in a response made public Monday.

Trump's lawyers told Judge Juan Merchan they want his sentencing, which is tentatively scheduled for Sept. 18, pushed back until after the November election. They argue that if sentencing is able to go forward because Merchan ends up rejecting Trump's request to toss out his conviction based on the Supreme Court's recent presidential immunity ruling, appellate courts should weigh in before any sentencing.

Manhattan District Attorney Alvin Bragg's office didn't come out against that request, which leaves Merchan with less reason to rule against it – even if the decision is still his to make.

Prosecutors told Merchan in a letter there are "strong reasons why" Trump shouldn't be able to appeal a ruling on the immunity question until after Trump has been sentenced, contrary to Trump's claim.

But they nonetheless said they would defer to the court – rather than stake out their own position – on whether a delay is called for in order to reduce the risk that an appellate court that disagrees disrupts sentencing preparations.

Merchan has said he plans to rule on Trump's motion to toss out the conviction on Sept. 16.

Prosecutors noted that multiple government agencies have to take "significant public safety and logistical steps" to even prepare for Trump to appear in court for sentencing Sept. 18. They said Trump's desire to appeal before sentencing, assuming Merchan rules against him on immunity, could mean those steps are taken in vain if Merchan sticks to the current sentencing date but an appeals court later intervenes.

Trump was convicted May 30 on 34 felony counts of falsifying business records as part of a conspiracy to unlawfully interfere in the 2016 election. Prosecutors argued that Trump directed a $130,000 payment to keep porn star Stormy Daniels quiet about an alleged affair with Trump in 2006 – which he denies. A unanimous Manhattan jury concluded that records concerning Trump's reimbursement for the payment were falsified.

The crux of Trump's motion is that a specific portion of the Supreme Court's recent presidential immunity ruling that was backed by five of the six Republican-appointed justices means evidence introduced at Trump's trial involved official presidential acts that shouldn't have been presented to the jury.

Bragg's office has said the Supreme Court ruling doesn't apply to Trump's conviction and, even if it did call for excluding evidence, that wouldn't be justification for overturning the verdict.

This article originally appeared on USA TODAY: Trump NY sentencing delay request given boost by Manhattan DA response