Donald Trump has plenty of reasons to celebrate after winning the 2024 election, but one more unexpected twist could be in his favor: the growing likelihood that he may never face sentencing for his 34 felony convictions in New York. Despite being convicted of falsifying business records to cover up a hush-money payment to Stormy Daniels, Trump’s sentencing could be delayed indefinitely, or potentially never happen at all. Here are the key reasons why.
1. Presidential Immunity Could Block the Sentencing
One of the strongest arguments Trump can make to avoid sentencing is based on a Supreme Court ruling in July 2024. The Court addressed the issue of presidential immunity in relation to Trump’s federal election interference case. The ruling concluded that certain evidence tied to a president’s official duties should not be admissible in criminal trials.
Trump’s legal team has argued that some of the evidence used in his New York case—such as testimony from his former White House communications director, Hope Hicks—violates this principle. While the hush money payments and falsified business records may not have been directly tied to his presidential duties, Trump maintains that other evidence presented during the trial was improperly introduced, violating the Supreme Court’s ruling on presidential immunity.
If Judge Juan Merchan, who oversaw Trump’s criminal trial, rejects this argument, Trump could still appeal. Legal experts suggest that it is highly likely that the scheduled sentencing date of November 26 will be postponed, as the immunity issue is likely to be a significant legal hurdle. This could delay sentencing for months or even years.
2. Political Backlash of Sentencing a President-Elect
Another major obstacle to Trump’s sentencing is the potential political firestorm it could cause. Now that he is elected president again, moving forward with sentencing him could stir up massive political and social unrest. Mark Bederow, a New York criminal defense attorney, notes that sentencing a president-elect could “tear the country apart,” given the already polarized political climate.
The court cannot ignore the broader context—Trump just won a significant electoral victory, and sentencing him now could result in intense backlash from his supporters and political allies. Such a move would undoubtedly inflame partisan divisions even further, making it politically untenable for any judge to proceed with sentencing without considering the ramifications.
3. New Legal Arguments Based on His Election
Trump’s 2024 election victory offers him new legal arguments that could delay or prevent sentencing. In its ruling on presidential immunity, the Supreme Court expressed concern about legal actions that might interfere with the duties of a sitting president. While the decision applied specifically to federal cases, Trump could argue that state courts also shouldn’t be able to impose a sentence on a president-elect or on a sitting president.
Trump’s legal team could claim that sentencing him now could violate the separation of powers between state and federal governments and interfere with the executive branch’s functions. These arguments could lead to further legal challenges and delays. Whether these arguments will hold weight before Judge Merchan or on appeal is still to be determined, but it’s clear that Trump’s election provides new legal avenues for avoiding or postponing sentencing.
4. The Complications of a Retrial
If Trump succeeds in having his convictions overturned, prosecutors could attempt a retrial. However, retrying him years after the original conviction could raise significant legal issues. Witnesses may no longer be available, and memories could fade, making it difficult for prosecutors to present a strong case. In such situations, defendants often argue that a retrial after a long delay violates their right to a fair trial, as key evidence might no longer be accessible.
Trump’s defense could use this argument to further delay or block a retrial. Even if a retrial is pursued, the challenges of presenting a fair case after so much time has passed could lead to further delays in his legal proceedings, potentially stretching out the case for many more years.
5. Trump’s Age Could Factor Into Sentencing
Even if Trump’s convictions are upheld and sentencing proceeds, his age could play a role in how the court handles his case. At 78 years old, Trump is already at an age where courts may consider leniency, particularly for defendants with no prior criminal history. Legal experts note that by the time he completes his second term in office, he will be 82, which could further weigh in his favor when it comes to sentencing.
As former Manhattan prosecutor Catherine Christian pointed out, courts may be inclined to impose a lighter sentence—or no sentence at all—on a defendant of advanced age. For someone like Trump, who is unlikely to be considered a flight risk, his age could be a strong mitigating factor when the time comes to decide on punishment.
6. Changing Legal and Political Dynamics
Trump’s situation has shifted dramatically since the 2024 election. With his return to the White House, he now holds even greater political leverage, which could influence the direction of his legal battles. His victory has energized his supporters and added a layer of political pressure to his case.
As Trump enters his second term, his legal standing has become stronger, both in terms of public perception and legal arguments. The political context surrounding his case has also changed—what was once a legal battle now intersects with larger national issues. Trump’s legal team is in a much better position to argue for delays and strategic changes to the legal process, which could further reduce the likelihood of him facing sentencing anytime soon.
Conclusion
There are multiple factors that make it increasingly unlikely that Donald Trump will ever be sentenced for his 34 convictions. The Supreme Court’s immunity ruling, the political implications of sentencing a president-elect, and new legal arguments based on his election all contribute to a legal landscape that could prevent or delay any punishment for years.
Trump’s age and the potential complications of a retrial also play significant roles in his favor. With the political dynamics shifting in his direction, Trump is in a much stronger position than before. His legal team now has more tools at their disposal to block or delay his sentencing, and it seems increasingly unlikely that he will face any immediate consequences for his convictions. As Trump prepares to return to the White House, his legal battles are far from over, but the chances of him being sentenced in the near future are rapidly diminishing.