Trump’s sentencing is currently scheduled for Sept. 18 and has already been delayed once. Merchan in July pushed the original July 11 date back two months.

New York prosecutors in former President Donald Trump’s “hush money” trial are talking no position in the request to delay sentencing until after the November election.

In a letter Monday, CBS News reports, the Manhattan district attorney’s office said it would defer to Judge Juan Merchan on the request.

“The People are prepared to appear for sentencing on any future date the Court sets. The People are also mindful that significant public safety and logistical steps by multiple agencies are necessary to prepare for court appearances in this matter,” the prosecutors said in their letter.

Trump’s sentencing is currently scheduled for Sept. 18 and has already been delayed once. Merchan in July pushed the original July 11 date back two months.

Trump’s attorneys specifically cited the Supreme Court’s recent ruling on presidential immunity as justifying a further delay. Trump has asked Merchan to vacate his conviction in light of that decision and his attorneys say they need time to prepare an appeal should he decline to do so.

Merchan on Wednesday rejected a third request from Trump to recuse himself from the case.

Here is the explanation on why Trump will not go to jail. Trump asked for and Bragg has not opposed an adjournment of sentencing. He left it up to the judge, but Bragg admitted that evidence was submitted under the SCOTUS immunity ruling which is immediately appealable. Therefore, MERCHAN has ZERO options but to rule a mistrial.