Donald Trump's sentencing in the New York hush money case has been postponed until September, with Judge Juan Merchan now tasked with applying the Supreme Court's new test for presidential immunity to Trump's conviction on 34 felony counts related to a hush money payment to Stormy Daniels. Trump's lawyers are arguing that the jury's verdict should be set aside due to the Supreme Court's ruling that Trump is entitled to plausible immunity for official acts while in office.

The judge must decide if the ruling affects the evidence presented at trial, particularly "official-acts evidence" such as Trump's social media posts and government ethics filings. Prosecutors used some of Trump's tweets to suggest a pressure campaign against his former lawyer, Michael Cohen. The Supreme Court's decision offers protections for Trump's communications, including tweets, if they were made in his official capacity, but lower courts must determine the nature of those communications.

Merchan previously ruled against Trump's challenge to certain evidence, including tweets, before the trial. Defense attorneys also claim that some testimony from Hope Hicks, Trump's former White House communications director, would be shielded by immunity. The judge is expected to rule on the defense's request by September 6.