Post distorts judge’s pausing of Trump hush money case | Fact check

A Nov. 20 Instagram post (direct link, archive link) shows images of New York Judge Juan Merchan, President-elect Donald Trump and Manhattan District Attorney Alvin Bragg.
“BREAKING: Donald Trump’s sentencing for 34 criminal charges in the state of New York abruptly adjourned by Judge Merchan without explanation. All charges have been dropped,” reads text in the image, which is a screenshot of a Nov. 19 post on X, formerly Twitter. “The Lawfare against Trump is over!”
A version of the claim posted to Instagram received more than 1,000 likes in less than a day before it was deleted. Versions of the claim also circulated widely on Facebook and TikTok.
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The case was paused following the presidential election but was not “dropped” or dismissed when the original post was shared. On the day the post was made, a Trump attorney asked Merchan for 30 days to form a more robust argument for dismissal.
Trump was found guilty in May of 34 counts of falsifying business records to conceal a hush money payment to adult film actress Stormy Daniels ahead of the 2016 presidential election. Merchan put Trump’s sentencing on hold after Trump won a second presidential term, and attorneys for the president-elect want that conviction tossed out entirely.
But when the X post was shared, that request had not been formally made, much less granted. Nor are there any reports from legitimate media outlets about a dismissal on or before Nov. 19.
Fact check: Trump jury had to be unanimous in hush money trial to find him guilty
Instead, in a letter that day to Merchan, Trump attorney Todd Blanche previewed his argument for tossing out the case. Its “immediate dismissal” is constitutionally mandated, he wrote, “to facilitate the orderly transition of executive power” after the election. He asked Merchan for permission to file a formal, more complete motion to dismiss the case by Dec. 20. Had Trump’s conviction already been “dropped,” as the post claims, that move would make no sense.
The social media posts and others like them note the adjournment but appear to mischaracterize precisely what that means in this context. The proceedings were paused or postponed, not summarily brought to an end, as is made clear in a set of Nov. 10 emails from attorneys on both sides.
Assistant District Attorney Matthew Colangelo asked Merchan for a stay in light of the unprecedented circumstances of a president-elect facing criminal sentencing while his inauguration approaches. The subject line of his email references a “request for adjournment.” Trump attorney Emil Bove replied to express the president-elect’s desire to join the request, which was made public Nov. 12. Stephen Suhovsky, Merchan’s principal law clerk, then notified the attorneys that Merchan granted the stay and told prosecutors to explain their preferred next steps by Nov. 19.
In his Nov. 19letter to Merchan, Bragg recommended that Merchan set a schedule for Trump’s attorneys to submit their formal request for a dismissal, then give prosecutors until Dec. 9 to respond. He also said he plans to oppose their request and supports adjourning all other aspects of the case until the dismissal request is decided.USA TODAY previously debunked false claims that Merchan was “fired” and that not only was Trump’s conviction “overturned” in October but he was also awarded a refund of $500 million.
USA TODAY reached out to several social media users who shared the claim but did not immediately receive any responses.
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