MARY LOUISE KELLY, HOST:
A New York judge this afternoon officially delayed former President Donald Trump's criminal sentence until after the election. Back in May, you will recall Trump was convicted - 34 felony counts of falsifying business records. This is the case to do with payments made to adult film star Stormy Daniels. NPR's Ximena Bustillo has been covering the trial and now its aftermath. Hi, Ximena.
XIMENA BUSTILLO, BYLINE: Hey, there.
KELLY: Hey, talk us through this new timeline and how Election Day is going to figure in.
BUSTILLO: Well, New York Judge Juan Merchan, who has been presiding over this trial, has set a new sentencing date for November 26. That's more than two months after the prior date of September 18. That is also after election day on November 5, when Trump faces off against Vice President Kamala Harris.
There's also a new date for a hearing over various other issues raised after Trump's criminal conviction in May. This includes whether there is any impact from the Supreme Court's decision that presidents have immunity for official acts in office. That hearing will take place on November 12. In his decision, Merchan said that the delay was to avoid any appearance of political bias and, in particular, to not be seen as trying to influence the 2024 election.
KELLY: OK, so kicking this all until after the election - and, as you noted, this is the judge making an effort to appear unbiased. Is that effort working?
BUSTILLO: In short, no. After the delay today, Trump's campaign and Trump himself once again called the trial a witch hunt and a political attack against him in order to interfere with the election. Trump and his lawyers have spent the summer trying to blunt the case's impact in part by accusing Merchan of political bias, and they've also involved Merchan's daughter, who is a Democratic political consultant. They argued Merchan should be dismissed because she has a bias that might influence her dad.
Accusations of political bias have also been spread by Trump's GOP allies. Republicans in Congress called on prosecutors on this case to testify in Washington. Prosecutors agreed to appear but only after sentencing is complete.
KELLY: OK, and just step back and talk about this trial, all the other court cases still in play - how they are playing into the campaigns.
BUSTILLO: Of course, this isn't the only legal trouble for Trump. He is accused of election interference after the 2020 election in both the state of Georgia and in a federal case. On Trump's side, he has fundraised on the New York criminal conviction and these other trials. At rallies and at the Republican National Convention, there was a lot of legal-themed merch, such as the mugshot from his Georgia indictment.
Trump also wants permission to campaign more broadly using the New York case, though that's going to be limited in part due to a gag order, which stops him from talking about prosecutors, court staff or their families. A state appeals court has decided that since that criminal process is ongoing, that gag order's partially still in place. Merchan, the judge, is not covered by this order.
KELLY: Got it - OK. Thank you, Ximena.
BUSTILLO: Thank you.
KELLY: NPR's Ximena Bustillo.
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