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George Washington University law professor Jonathan Turley said Friday that New York Judge Juan Merchan had to address a “very difficult question” from the criminal trial before he could sentence former President Donald Trump.

Merchan delayed Trump’s sentencing hearing from Sept. 18 to Nov. 26 in a Friday ruling, citing the upcoming presidential election. Turley said that the Supreme Court’s July 1 immunity ruling may invalidate Trump’s May 30 conviction on 34 counts of falsifying business records.

“This is not what you’ve come to expect from Judge Merchan. I sat in that courtroom and, quite frankly, I was baffled by many of his decisions. I felt he made some rulings that were clearly in error, he ruled largely in favor of the prosecution and against the former president,” Turley told “America Reports” co-hosts John Roberts and Sandra Smith in a phone interview. “That is the reason I think there are aspects of this trial which are really screaming for appellate review. But this is the correct decision.”

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“I mean, he not only has a lot of work to do, because… this is a very difficult question about whether the Supreme Court decision will invalidate this conviction,” Turley continued. “I’ve always believed that he would ultimately uphold the conviction, but he can’t just do that with a wave of his hand. He’s going to have to explain why clearly privileged evidence that he let into the trial was not determinative, was not essential to any conviction. I think that’s the argument that he’s likely to embrace.”

Bragg’s team called former White House Communications Director Hope Hicks to testify about the Trump campaign’s response to the 2016 tape of a conversation between Trump and “Access Hollywood” host Billy Bush during the trial centered around a $130,000 payment to porn star Stormy Daniels.

Turley earlier noted that by delaying the sentencing, Merchan could find a reason not to sentence Trump to jail.

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“There is an interesting dynamic here with the timing that may actually work in a strange way to help Merchan not impose jail time,” Turley said. “If Donald Trump is elected president, Merchan could use that fact to say that the court is aware of the complications of a person who must carry out the duties of his office now as the president-elect and it could support his not imposing jail time.”

“In some ways it would help him take that cup from his lips and say that I’m going to impose other types of penalties. So, there’s a curious aspect to all of this timing that might make it easier for Merchan not to impose an actual prison sentence,” Turley added.

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