On Monday, Trump's lawyers filed a pre-motion letter requesting that the conviction be set aside and the sentencing delayed in light of the Supreme Court's decision, arguing that even though Trump's crimes occurred before he assumed the presidency, some of the evidence used should have been redacted. Merchan ruled against a similar motion in April on the grounds that it was "untimely."

With sentencing delayed by at least two months, the lawyers will have ample time to argue that Merchan should not have dismissed the first motion and that the evidence from Trump's time in the White House should not have been introduced. Prosecutors did not oppose the delay, writing to Merchan that "although we believe defendant’s arguments to be without merit, we do not oppose his request for leave to file and his putative request to adjourn sentencing pending determination of his motion."