New York Prosecutors Support Postponing Trump’s Sentencing Until After His Presidential Term

Prosecutors in New York have affirmed their intention to resist President-elect Donald Trump’s attempt to reverse his criminal conviction. However, they indicated readiness to defer his sentencing until he concludes his forthcoming presidential term. The prosecutors advised the judge presiding over Trump’s sentencing, following his guilty verdict, to contemplate alternatives to dismissal, such as postponing the proceedings until the president-elect is slated to depart the White House in 2029. Justice Juan Merchan received a request from the Manhattan district attorney’s office to establish a new deadline of December 9 for both parties to review the case and submit additional motions. Trump’s sentencing hearing is currently set for November 26, though further delays remain possible. In May, Trump received a conviction on 34 counts of falsifying business records. These charges originated from an endeavor to conceal a potential sex scandal prior to his initial presidential win in 2016. Nevertheless, several weeks subsequent to this, the US Supreme Court ruled in an unrelated case that presidents possess a certain level of immunity from criminal prosecution for “official acts.” Attorneys representing Trump seek a judge’s decision to annul his New York conviction, citing presidential immunity and his upcoming tenure in the White House as justifications. On Wednesday, attorney Todd Blanche advocated for the “immediate dismissal of this case,” contending that such a result was mandated by the US Constitution and the Presidential Transition Act. Mr. Blanche requested a December 20 deadline for submitting a comprehensive brief to the court. Prosecutors maintain that the core issues of their case are unrelated to official presidential responsibilities. They emphasized that the trial and subsequent conviction took place prior to the US Supreme Court’s decision this summer, which established broad protection for presidents from criminal prosecution. They did, however, acknowledge Justice Merchan’s “need to balance competition consititutional interests.” They requested the judge to evaluate “non-dismissal options,” which could encompass “deferral of all remaining criminal proceedings until after the end of Defendant’s upcoming presidential term.” “The DA is saying that the court should put off sentencing until after Trump leaves the White House,” stated New York attorney and former prosecutor Mitchell Epner. He added, “Don’t drop the conviction – but don’t do anything until after Trump leaves office.” Mr. Epner noted that with Trump’s inauguration merely weeks away, limited time remained on the schedule for a fresh series of motions and briefs. He further explained that the case would be suspended regardless after January 20, when Trump assumes the oath of office. Among the four criminal prosecutions against Trump, the New York case stands as the sole instance that proceeded to trial and resulted in a guilty verdict. However, the ultimate resolution is now ambiguous as Trump gets ready to return to the White House next January. Despite this, Trump’s spokesman Steven Cheung, who has been designated to serve as White House director of communications, proclaimed “total and definitive victory.” Justice Merchan has not yet issued a ruling on the issue. Diana Florence, a former Manhattan prosecutor, commented that this request renders it improbable that Trump will undergo sentencing at the scheduled November 26 hearing, anticipating that the judge will likely approve the prosecutors’ suggestion. She stated, “I think there’s less than half a percent chance that he’d be sentenced next week.” The judge possesses various sentencing options for Trump, such as fines, probation, and a four-year prison term, although legal experts suggest the president-elect might evade any legal penalty. Manhattan District Attorney Alvin Bragg initially charged Trump with falsifying business records in April 2023, alleging the president-elect orchestrated a hush-money scheme during the final period of the 2016 presidential campaign. Prosecutors asserted that Trump attempted to conceal reimbursements made to his personal attorney, who had compensated an adult film star with whom Trump purportedly had an affair. Due to the scheme’s closeness to the election, they contended it constituted election interference. Trump consistently asserted his innocence, denied the affair ever took place, and claimed the case represented a form of political persecution. However, in May, a jury comprising 12 New Yorkers found the president-elect guilty. Trump’s sentencing hearing has been postponed on several occasions. The court consented to defer any decisions until today, allowing all involved parties to address the historic implications of his re-election. Madeline Halpert contributed to this report. Copyright 2024 BBC. All rights reserved. The BBC is not responsible for the content of external sites. Read about our approach to external linking.