(NEW YORK) — Manhattan prosecutors oppose dismissing President-elect Trump’s hush-money conviction but suggest delaying sentencing until after his presidency. Their Tuesday court filing states that his upcoming term isn’t sufficient grounds for dismissal. However, acknowledging competing constitutional interests, they propose postponing proceedings until after his presidency.
The former and future president was convicted of falsifying business records to conceal hush-money payments made to influence the 2016 election. Trump denies these claims.
Initially scheduled for November 26th, sentencing was delayed following Trump’s lawyers’ request to dismiss the case, citing the need for an orderly transition of power and justice. Judge Juan M. Merchan gave prosecutors until Tuesday to respond.
Prosecutors acknowledge the demands of the presidency and the unprecedented legal questions Trump’s return to office raises, emphasizing their respect for the jury’s role.
While no decision has been made, Trump’s spokesperson and incoming White House communications director, Steven Cheung, framed the prosecutors’ filing as a victory, labeling the case a “witch hunt.”
Cheung stated that Trump’s legal team will seek complete dismissal of the charges.
The judge previously delayed a ruling on Trump’s earlier appeal, considering a July Supreme Court decision granting presidents broad immunity from prosecution.
Dismissal would vacate Trump’s conviction, eliminating his criminal record and potential prison sentence. The judge could also delay the case, await a federal appeals court ruling on a change of venue, or take other action.
Trump’s conviction involved 34 counts of falsifying business records to conceal a $130,000 hush-money payment to Stormy Daniels before the 2016 election. Trump denies the affair and any wrongdoing.
Prosecutors argued the payment was an attempt to suppress damaging information. Trump’s then-lawyer, Michael Cohen, paid Daniels, with Trump later reimbursing him and falsely recording it as legal expenses.
Trump intends to appeal if the case isn’t dismissed, maintaining that the payments were legitimate legal expenses.
Trump’s lawyers have actively fought the conviction for months. Following a Supreme Court ruling limiting the use of actions taken while in office in criminal cases, they argued that evidence used against Trump was improperly admitted.
Prosecutors countered that this evidence was minimal.
Post-election, Trump’s lawyers renewed their push for dismissal, citing both the Supreme Court ruling and his presidential status. A conviction could result in penalties ranging from fines and probation to four years in prison, though incarceration is unlikely for this first-time offense.
Some supporters displayed “Free Trump” and “I’m Voting For the Convicted Felon” slogans at rallies.
Since it’s a state case, a self-pardon is impossible. Presidential pardons apply only to federal crimes.
This hush-money case is the only one of Trump’s four indictments to reach trial. Special Counsel Jack Smith is concluding his two federal cases against Trump (election interference and document handling) while a Georgia state election interference case is largely stalled.
Trump has denounced the verdict as rigged and the Manhattan D.A.’s case as a politically motivated “witch hunt.”