Prosecutors are urging a judge not to dismiss President-elect Donald Trump’s criminal conviction over hush money payments, although they have expressed a willingness to resolve the matter in a way that upholds the verdict without imposing punishment or engaging in a prolonged legal battle.
In documents released on Tuesday, the Manhattan District Attorney’s office presented various options to maintain the historic conviction, including asking Judge Juan M. Merchan to handle the case as he would if a defendant were to pass away. This would effectively freeze the case in a permanent state, preserving Trump’s conviction while halting any further legal action, including appeals. It remains uncertain whether this approach is permissible under New York law.
The prosecutors suggested that the case could be terminated with a notation indicating that the jury’s verdict removed the presumption of innocence, that Trump was never sentenced, and that the conviction had neither been affirmed nor overturned due to presidential immunity.
Other options proposed included delaying sentencing until after Trump leaves office in 2029. However, prosecutors emphasised that the conviction should stand, asserting that Trump’s anticipated return to the White House should not invalidate the jury’s decision.
The filing expands on the stance taken by prosecutors last month, following Trump’s legal team’s attempts to have the case dismissed due to his election. Trump’s attorneys argue that proceeding with the case would create unconstitutional disruptions to his upcoming presidency. They also pointed to the recent pardon of Hunter Biden by President Joe Biden, claiming that both cases are politically motivated.
It is unclear when Judge Merchan will decide the next steps. Trump, a Republican, is set to be inaugurated on January 20. The former president’s sentencing, initially scheduled for late November, was postponed after his election victory, allowing time for both the defence and prosecution to present their views on the future of the case.
Merchan has also delayed a ruling on Trump’s request to have the case dismissed on grounds of presidential immunity. Trump has been fighting for months to overturn his conviction on 34 counts of falsifying business records, related to a $130,000 payment made to pornographic actress Stormy Daniels to suppress her claims of an affair with Trump a decade ago. Trump denies the allegations and argues the case is politically motivated.
A dismissal would erase Trump’s historic conviction, shielding him from a criminal record or potential prison sentence. Trump is the first former president to be convicted of a crime and the first to be elected while holding a criminal conviction.
Merchan may decide to uphold the verdict and proceed to sentencing, delay the case until Trump leaves office, or await a federal appeals court ruling on Trump’s effort to move the case out of state court. Alternatively, he may choose another course of action.
The hush money case remains the only one of Trump’s four criminal indictments to reach trial. In the meantime, special counsel Jack Smith has concluded two federal cases related to Trump’s attempts to overturn the 2020 election and his handling of classified documents at Mar-a-Lago. A separate state case in Georgia regarding election interference is largely on hold. Trump denies all allegations of wrongdoing.
Frances Ibiefo
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