Trump could face prison sentence in September, experts say, as he tries to delay sentencing until after the election

In addition, Judge Merchan denied Trump's request to recuse himself from the case, which is being prosecuted by Manhattan District Attorney Alvin Bragg.

Does Trump have to fear a prison sentence before the elections?

At the beginning of June, a jury found the former president and the Republican presidential candidate guilty of 34 counts of falsifying business records. After this conviction, Trump's defense attorney pushed ahead with efforts to postpone the execution of the sentence. The former president has asked the judge in New York to postpone the execution of the sentence until after the presidential election in November.

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“On July 1, the U.S. Supreme Court ruled that presidents (including former presidents) are (a) presumptively immune from prosecution for any official acts they perform as president,” McCarthy wrote in his article. “And (b) absolutely immune when the official acts are core constitutional duties of the head of government,” he added.

McCarthy believes Trump could end up in prison, but he's not sure that will happen immediately because they'll likely release him on bail while they consider whether he can appeal. Some legal experts fear Trump's prison sentence could trigger a constitutional crisis that could lead to emergency motions to stay the verdict.

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McCarthy also stated that Judge Merchan's goal is to give Trump's political opponent Harris the opportunity to label him a “felon sentenced to prison” by September 18. By that time, voting will have already begun in several key states, such as Pennsylvania, which will play a major role in the election.

Trump calls for postponement of verdict

The judge denied Trump's motion to recuse himself, a decision he hinted at in a letter to the parties involved last week. He also indicated he would issue a ruling on Trump's immunity request by August 16. The former president has often sought to delay the hush money case and his three other criminal cases that have not yet begun, all while eyeing the White House for his second term in this year's presidential election and then finishing his impeachment trials.

Trump's lawyers Todd Blanche and Emil Bove wrote in a letter to the judge: “Aside from the obvious goal of influencing the election, there is no compelling reason for the Court to keep the current sentencing date on the calendar.” The details, released Thursday, continued: “There is no reason to further rush the matter.” The request continued: “Therefore, we respectfully request that a sentencing, if necessary, be postponed until after the presidential election.”