New York prosecutors are pushing back against President-elect Donald Trump’s attempt to get his criminal conviction thrown out. However, they’ve also said they’re open to waiting to sentence him until after he finishes his upcoming presidential term.
The prosecutors want the judge handling Trump’s case to consider other options instead of dismissing the charges. One idea is to delay the sentencing until after Trump leaves the White House in 2029.
The Manhattan district attorney’s office has asked Judge Juan Merchan to set a new deadline of December 9 for both sides to submit their arguments and motions about the case.
Trump’s sentencing is currently set for November 26, but it may be delayed again.
In May, Trump was found guilty on 34 charges related to falsifying business records. These charges were connected to his efforts to cover up a possible sex scandal before his first presidential campaign in 2016.
However, things took a turn in June when the US Supreme Court ruled in a different case that presidents have some protection from criminal prosecution for actions related to their official duties.
Trump’s lawyers argue that this ruling should apply to his case, and because he’s about to become president again, they want the charges dropped.
On Wednesday, Trump’s attorney, Todd Blanche, asked for the case to be dismissed immediately. He argued that the US Constitution and the Presidential Transition Act require the charges to be dropped. He also asked for more time to file a complete legal brief, with a new deadline of December 20.
Prosecutors, on the other hand, argue that the charges against Trump have nothing to do with his presidential duties. They pointed out that Trump’s trial and conviction happened before the Supreme Court’s ruling this summer.
Still, they acknowledged that Judge Merchan needs to weigh the constitutional issues carefully. They’ve suggested delaying the remaining legal proceedings until after Trump’s presidential term ends.
New York attorney and former prosecutor Mitchell Epner explained, “The DA is saying the court shouldn’t dismiss the case but should hold off on sentencing until after Trump finishes his time in office.”
With Trump’s inauguration coming up in just a few weeks, there’s not much time left for more legal motions or briefs. Epner said the case is likely to be put on hold after Trump takes office on January 20.
Trump faces multiple criminal cases, but the New York case is the only one that has gone to trial and resulted in a conviction. The final outcome remains uncertain as he prepares for his second term in office.
Despite the legal challenges, Trump’s spokesperson, Steven Cheung, declared a “total and definitive victory.” However, the judge has not yet made a decision on the matter.
Former Manhattan prosecutor Diana Florence said that because of the request to delay, it’s unlikely Trump will be sentenced at his hearing on November 26. She believes the judge will likely agree to the delay, making it almost impossible for Trump to face sentencing next week.
If the sentencing does happen, the judge could choose from various options, including fines, probation, or up to four years in prison. However, legal experts believe Trump might avoid any significant punishment.
Trump was first charged in April 2023 for falsifying business records. The charges stemmed from a hush-money payment made to an adult film star during the 2016 campaign. Prosecutors argue that this was an attempt to interfere with the election.
Trump has always denied any wrongdoing, insisting the affair never happened, and claiming the case is politically motivated. Despite this, a jury found him guilty in May.
Trump’s sentencing has already been delayed several times, and with the election-related implications of his re-election, the court decided to hold off on any major decisions until now.
