Prosecutors from the Manhattan District Attorney’s Office have asked a New York state judge not to overturn President-elect Donald Trump’s conviction in the hush money case, offering various suggestions on how to proceed with the case without interfering with the president’s duties. are.
In a filing made public on Tuesday, there is a proposal for a judge to ensure Trump will avoid prison time in the case, which would alleviate his “concerns” during his time in office. They said it could be done. But they argued there was no reason to dismiss the case or set aside the May 2024 judgment.
Prosecutors in U.S. Attorney Alvin Bragg’s office said, “The overwhelming evidence of the defendant’s guilt and the critical importance of maintaining public confidence in the criminal justice system, as well as many other factors, contributed to the dismissal.” It’s weighing heavily on me,” he said.
They also rejected Trump’s argument that the suit should be dismissed “immediately” because he is already protected by presidential immunity.
“There is no immunity for a president-elect. And even after taking office, the defendant’s temporary immunity as a sitting president would overturn the jury’s unanimous guilty verdict and the already completed stage of this criminal proceeding.” “This does not justify the extreme remedy of wiping out the entire country,” the filing said.
“The doctrine of immunity precludes further litigation before a defendant is sworn in. There is also a legal bar to delaying sentencing until the end of a defendant’s term, even if the sentence has not been handed down at the time the defendant is sworn in. No,” the paper said.
In a statement, President Trump’s press secretary Stephen Chan called the application a “pathetic attempt to salvage the remains of an unconstitutional and politically motivated disinformation campaign.”
Trump’s lawyers say he already has immunity because “there is no material difference between President Trump’s current situation after winning a landslide national election and the situation of a sitting president after taking office.” he claimed. They argue that the felony indictment and subsequent jury conviction against him should be thrown out on the grounds of immunity.
Last month, Judge Juan Mercian postponed Trump’s sentencing indefinitely to allow both sides to argue the issue.
“At most, the defendant should receive temporary accommodations while in office to prevent this criminal case from significantly influencing official decision-making,” the district attorney’s office said in a Tuesday filing. .
Prosecutors presented a number of possible ways forward, including allowing President Trump’s sentence to be deferred until after he leaves office.
“Certainly, the public does not dispute that presidential immunity requires consideration during the president’s time in office. “The extreme remedy of vacating the jury’s verdict is not warranted “caused by executive privilege,” their filing states.
They argued that a stay would relieve President Trump of “any immediate obligations related to this case while in office, while at the same time protecting the public interest in upholding the rule of law and maintaining important aspects of the criminal proceedings already underway.” “It’s about respecting interests.” happened. ”
The prosecutor’s office also said that Trump has already said he would appeal any verdict, and that in New York state, “appeals are routinely decided years after a verdict, even without a formal stay of proceedings.” pointed out.
Prosecutors also noted that Trump has already obtained several months of delayed sentencing.
“Defendants can hardly complain about a delay in sentencing if they are actively seeking it, both before and after reelection,” the filing states.
Prosecutors said the judge could also alleviate some of Trump’s concerns by deciding not to sentence him to any length of time in prison.
“Many of the defendant’s concerns stem from the possibility that he faces ‘potential incarceration,'” the filing states. “Here, however, because the defendant has no prior criminal record and was convicted of a Class E felony, this court does not need to impose any prison term, and could instead impose an unconditional release.”
This type of “restriction on the available sentencing range would stop short of completely overturning the indictment and jury verdict, and would further reduce the defendant’s influence on presidential decision-making,” the filing said. states.
The DA’s office also offered a new alternative, allowing Marchan to take advantage of a mechanism known as sentence commutation, which is practiced in Alabama and some other states if a defendant dies before sentencing. suggested.
The so-called “Alabama” rule states that “if a defendant dies after conviction but before the conviction is finalized through the appeals process, the court will enter a note in the case record stating that the conviction has been vacated.” The presumption of innocence was recognized, but because the defendant had died, it could not be affirmed or revoked on appeal. It is something that will be done.” Indictment. ”
New York state does not currently offer sentence reductions, but prosecutors argued that, as here, commutations are a solution when there are concerns about finality and punishment.
It’s unclear when the judge will rule on the motion to dismiss.
Trump was found guilty in May of 34 counts of falsifying business records related to hush money payments his then-lawyer Michael Cohen made to adult film star Stormy Daniels late in the 2016 election.
Daniels claims she had sexual contact with President Trump in 2006, which she denies.
Trump’s lawyers said in a court filing that the DA should follow the lead of special counsel Jack Smith, who moved to dismiss two federal criminal cases against Trump in the wake of his election victory.
The DA’s office filing pointed to significant differences between their case and Mr. Smith’s, including that Mr. Smith’s case has not gone to trial.
“This lawless lawsuit should never have been filed, and President Trump must be allowed to continue the presidential transition process and carry out his important presidential duties unencumbered by presidential debris,” Chan said. Therefore, the Constitution requires that this lawsuit be dismissed immediately.” This or any other witch hunt. ”
