Prosecutors ask judge to delay sentencing in Trump’s hush money case until after he leaves office: How did we get here?

Manhattan prosecutors said they would oppose dismissing President-elect Donald Trump’s criminal hush money case, but would be open to delaying sentencing until after Trump leaves office.

The sentence was scheduled to be given on November 26. Manhattan District Attorney Alvin Bragg was facing a deadline Tuesday to tell New York Supreme Court Justice Juan Merchan how he wants to proceed after Trump’s election victory and before his Jan. 20 inauguration.

Merchan must now decide whether to sentence him before the inauguration, defer sentencing until he leaves office, order a new trial, or dismiss the case altogether.

What happened Tuesday?

Inside A letter sent to Merchan on TuesdayBragg’s office said Trump’s impending presidency is not grounds for impeachment. But prosecutors also acknowledged they were in uncharted legal territory and raised the possibility of delaying the sentence until Trump completes his second four-year term.

“The public has deep respect for the Office of the President, is aware of the demands and obligations of the presidency, and recognizes that the Defendant’s inauguration will raise unprecedented legal questions,” the letter said. “We also deeply respect the fundamental role of the jury in our constitutional system.

“Given the need to balance conflicting constitutional interests,” he added, “various non-impeachment options should be considered, such as postponing all impeachments, which would address any concerns arising from the pendency of post-trial criminal proceedings during the presidency.” “Criminal proceedings will continue until the end of the defendant’s upcoming presidential term.”

How did we get here

In May, Trump became the first former president to be convicted of a felony when a New York City jury found him guilty of 34 counts of falsifying business records to conceal a $130,000 payment to adult film actress Stormy Daniels.

Trump’s lawyers argued that his conviction should be vacated given the Supreme Court’s July ruling that presidents are immune from prosecution for “official acts” committed while in office.

Trump’s lawyers told the judge that the ruling should not be allowed to stand because Manhattan prosecutors filed a lawsuit using evidence obtained from Trump’s White House. Merchan is scheduled to announce the Supreme Court’s decision on the immunity question on Tuesday.

Trump’s lawyers also argued that the conviction should be vacated “to prevent unconstitutional obstruction of President Trump’s ability to govern.”

Trump faces a maximum prison sentence of up to four years in the hush money case.

But even if Merchan allows Trump’s conviction to stand, it all certain He said that as a first-time offender and a re-elected president, he would not face prison time.

What about Trump’s other criminal cases?

The hush money case was one of four criminal cases Trump faced and the only one to go to trial. Election victory revealed all four are in danger.

Special counsel Jack Smith is expected to drop both federal lawsuits he filed against Trump over the Justice Department’s long-standing policy barring prosecution of sitting presidents. Trump was impeached for his efforts to overturn the 2020 election, including his actions surrounding the Capitol attack on Jan. 6, 2021, and for withholding classified documents after leaving office.

Trump’s criminal election interference trial in Georgia was already riddled with delays. And after the election, the president-elect’s lawyers signaled that his victory meant they would ask the court to delay the trial until he left office and would appeal the case again on the grounds that presidential immunity protects him from terrorism. prosecution.

What’s next?

While Merchan weighs next steps, Team Trump is already claiming victory.

“This is a complete and decisive victory for President Trump and the American People who overwhelmingly elected him,” Trump spokesman Steven Cheung said in a statement to The Associated Press. “The Manhattan DA has acknowledged that this Witch Hunt cannot continue. The unlawful prosecution has now been discontinued and President Trump’s legal team is moving to have this case dismissed outright.”