Prosecutors in Trump hush money case oppose dismissal, but are OK with pause in sentencing
NEW YORK -- Prosecutors with the Manhattan District Attorney's office said Tuesday they would oppose President-elect Trump's attempt to dismiss his criminal conviction in New York but they also told the judge they do not object to pausing the case.
The district attorney's office suggested deferring all remaining proceedings in the case, including the November 26 sentencing, until after Trump leaves the White House in 2029.
"Given the need to balance competing constitutional interests, consideration must be given to various non-dismissal options that may address any concerns raised by the pendency of a post-trial criminal proceeding during the presidency, such as deferral of all remaining criminal proceedings until after the end of Defendant's upcoming presidential term," prosecutors wrote in a letter to the judge.
"The People deeply respect the Office of the President, are mindful of the demands and obligations of the presidency, and acknowledge that Defendant's inauguration will raise unprecedented legal questions. We also deeply respect the fundamental role of the jury in our constitutional system."
Judge Juan Merchan has the final say about the next step in the case and he has yet to weigh in.
"This is a total and definitive victory for President Trump and the American People who elected him in a landslide. The Manhattan DA has conceded that this Witch Hunt cannot continue. The lawless case is now stayed, and President Trump's legal team is moving to get it dismissed once and for all," said Trump spokesperson Steven Cheung.
Since July, Trump's attorneys have been pushing to have the conviction vacated and the case dismissed by arguing that prosecutors filled "glaring holes in their case" with evidence of official acts that the Supreme Court recently ruled off limits in its landmark presidential immunity decision.
Trump's lawyers have also argued for a dismissal by citing the Presidential Transition Act of 1963, which urges government officers to take "lawful steps to avoid or minimize disruptions" to the presidential transition.
While prosecutors have argued that the Supreme Court's ruling that Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office has no bearing on Trump's conviction, they haven't publicly signaled a position on the upcoming sentencing since Trump's election.
Prosecutors requested additional time to advise the court about the "appropriate steps going forward" based on the impact of the Trump's victory.
"The People agree that these are unprecedented circumstances," prosecutor Matthew Colangelo told the court last week.
Following the joint request for additional time, Judge Merchan delayed his ruling on how the Supreme Court's presidential immunity decision impacts Trump's case, which he originally planned to release last week.
Trump was convicted in May of all 34 felony counts of falsifying business records related to a hush money payment to adult film actress Stormy Daniels to silence allegations about a 2006 sexual encounter with Trump in order to boost his electoral prospects in the 2016 presidential election.
His conviction carries a maximum penalty of up to four years in prison, but first-time offenders would normally receive a lesser sentence.
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