Manhattan Supreme Court Justice Juan Merchan is set to rule on whether to overturn President-elect Donald Trump’s felony conviction related to hush-money payments, a decision that could impact Trump’s legal standing as he prepares to return to the White House.

May 230, 2024; New York, NY, USA; Former U.S. President Donald Trump speaks after exiting the courtroom alongside his attorney Todd Blanche during his hush money trial at Manhattan Criminal Court on May 20, 2024 in New York City. The prosecution rested their case in Trump’s hush money trial after cross examination of Michael Cohen, Trump’s former attorney, wrapped up. Attorney Robert Costello will be back on the stand when the trial resumes, and Judge Juan Merchan says to expect summations next week. Cohen’s $130,000 payment to Stormy Daniels is tied to Trump’s 34 felony counts of falsifying business records in the first of his criminal cases to go to trial. Mandatory Credit: Michael M. Santiago/Pool via USA TODAY

The judge, who had postponed Trump’s sentencing until after the 2024 election, has until Tuesday to determine if the conviction should stand.

This decision comes after Trump’s legal team argued that, as president-elect, he should be shielded from certain legal proceedings under constitutional protections typically afforded to a sitting president. CNN’s chief legal affairs correspondent, Paula Reid, explained that Trump’s attorneys are pushing to prevent sentencing entirely.

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“They’re going to argue to the judge that the sentencing should never happen because now that Trump is president-elect,” Reid said on Wednesday night. “They will say that he is entitled to the same constitutional protections as a sitting president and should be protected from state actors, and in this case, state prosecutors.”

Trump, 78, was convicted on 34 felony counts of falsifying business records linked to payments made to adult film actress Stormy Daniels prior to the 2016 election.

Although these convictions carry a potential sentence of up to four years, legal experts suggest that the likelihood of Trump serving prison time is low.

Former prosecutor Neama Rahmani shared his view on the matter, predicting that Judge Merchan would be reluctant to impose a prison sentence on a former or incoming president. “Merchan doesn’t have the stomach to imprison a former president or president-elect,” Rahmani stated. “Now that Trump has won, his criminal problems go away.”

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Trump’s legal team has argued that, as the incoming president, he deserves protections that would prevent state-level prosecutors from taking legal action against him.

This argument could add pressure on Judge Merchan as he weighs whether to uphold the conviction, considering Trump’s anticipated transition back into the executive office.

This development follows an extended period of legal and political tension surrounding Trump’s case.

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The hush-money payments in question were intended to keep allegations by Daniels quiet during the 2016 presidential race, with prosecutors claiming the payments were unlawfully concealed as business expenses. Trump has maintained that he did not engage in any wrongdoing.

If Judge Merchan rules in Trump’s favor, the dismissal of the conviction could set a precedent regarding legal immunity for president-elects, particularly concerning state-level legal actions against them.

Trump’s lawyers are expected to emphasize that pursuing the conviction would not only be unprecedented but also pose potential conflicts with executive privileges associated with his imminent presidency.

The outcome of this ruling will have implications not only for Trump but also for future officeholders.

As Tuesday’s deadline approaches, Trump’s supporters and critics alike await Justice Merchan’s decision, which could influence how state-level legal actions are handled for president-elects in the future.