Prosecutors with the Manhattan district attorney’s office said on Tuesday that while they oppose President-elect Trump’s attempt to dismiss his criminal hush money conviction in New York, they do not object to postponing sentencing in the case.
The district attorney’s office instead suggested deferring all remaining proceedings in the case until after Trump leaves the White House in 2029. Lawyers for Manhattan District Attorney Alvin Bragg wrote in a letter to Justice Juan Merchan that Trump should not be sentenced for his crimes, stating: “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 … 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.”
The sentencing in Trump’s criminal case is tentatively scheduled for Nov. 26. Defense attorneys have asked New York Judge Juan Merchan to dismiss the case ahead of Trump’s impending inauguration. Trump’s defense lawyers Todd Blanche and Emil Bove said in a filing made public Tuesday that the case must be dismissed because a sitting president is immune from prosecution: “To require President Trump to address further criminal proceedings at this point would not only violate the federal Constitution, but also disrupt the Presidential transition process. There is no material difference between President Trump’s current status after his overwhelming victory in the national election and that of a sitting President following inauguration.”
Prosecutors said in their filings, however, that they intend to oppose any effort by Trump to dismiss his case outright. Trump’s lawyers said in a previous letter that they would do so, claiming his election meant the case might cause “unconstitutional impediments to President Trump’s ability to govern. ”
Judge Merchan was tentatively scheduled to sentence Trump later this month on 34 felony counts of falsifying business records. He will have the final say regarding the next steps in the case.
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