Prosecutors open to delaying Trump conviction in hush money case | Crime News

Prosecutors in New York say they do not support the acquittal of President-elect of the United States Donald Trump but expressed openness to delaying his sentencing until after his second term.

In court on Tuesday, the Manhattan District Attorney's Office argued that Trump's incoming presidency is not allowing the dismissal of the case that has already passed through the courts. However, “given the need to balance competing constitutional interests”, prosecutors said “it should be considered” pumping the brakes on the case until Trump leaves office again.

The case has been plagued by delays for a long time. Last week, Judge Juan Merchan delayed a decision on Trump's previous attempts to overturn his conviction related to a July ruling by the US Supreme Court, which allows the president to be immune from criminal prosecution for official acts in office.

It is not clear when the judge will rule on the matter. He could choose to delay the case for an undisclosed amount of time or wait to see how the appeals court rules on Trump's simultaneous efforts to remove the case from state court.

In a statement filed in court on Tuesday, prosecutors stated that “there is no current law that states that the president's temporary immunity from prosecution requires the withdrawal of the case that was initiated at the time when the defendant was not immune from prosecution and that is based on the law.” conduct that the defendant is not immune to”.

Prosecutors stressed the need to “proceed in a manner that preserves both the independence of the Executive and the dignity of the criminal justice system”.

Trump was found guilty on all counts in May of falsifying business records in a landmark trial, becoming the first US president in history to be impeached and convicted. The billionaire faces 34 counts of corporate document fraud related to a $130,000 cash payment made to former movie star Stormy Daniels before the 2016 US presidential election.

A possible acquittal would automatically erase Trump's criminal record and possible prison sentence.

Trump's sentencing was scheduled for November 26. After his victory in the November 5 presidential election, Trump's lawyers pressured Merchan to oust him. They said the case should be dismissed “in order to facilitate the transfer of administrative powers – and in the interests of justice”.

On Tuesday, White House communications director Steven Cheung slammed the latest impeachment as a big win for Trump.

“This is a complete and decisive victory for President Trump and the American people who elected him with pride,” Cheung said in a statement, quoted by the Associated Press. “President Trump's legal team is trying to get him fired permanently.”

Prosecutors say Trump engaged in a hush money scheme with former attorney Michael Cohen to pay Daniels to buy his silence about the tryst a decade ago. Trump, who fired Cohen, recorded the payments as legal fees in an attempt to hide their true nature, according to prosecutors.

Trump has pledged to appeal the decision if the case is not dismissed. He has long denied any wrongdoing or that he had a sexual relationship with Daniels. He called his decision “corrupt” and “disgraceful”, characterizing Manhattan District Attorney Alvin Bragg's efforts as part of a “witch hunt” retaliation aimed at tarnishing his campaign.

Al Jazeera has reached out to Bragg's office for comment.

Some legal analysts, however, say prosecutors may face an uphill battle in eventually securing a conviction against Trump.

David Shapiro, a professor at New York's John Jay College of Criminal Justice and an expert on financial crimes, said he was not surprised by the latest addition of prosecutors, noting that Bragg's office has taken a “defiant” stance by pushing back against Trump's legislation. the parties' efforts to dismiss the case. He emphasized, however, the unusual legal situation of delaying a potential sentence until 2029, when Trump leaves office.

“It never happened,” Shapiro told Al Jazeera.

“The idea that this matter has been postponed until the end of the president's term – it does not strike me as a fair decision,” said Shapiro. “I think the best outcome of this fight for justice is that someone decides to keep it.”

Shapiro laid out several possible legal routes Merchan could take in the coming days and weeks.

“One, the judge may say, 'I sentence you. This does not include defense issues. We will judge you before you are anointed.'”

Shapiro said he could also see the judge presiding over the case issuing a conditional discharge in the case, instead of formally sentencing Trump, which he sees as the most likely option. Trump's guilty verdict will stand, but he would not face any kind of prison sentence or fine.

“That way, everyone saves face,” Shapiro explained. “Mr. Trump can apply, or anything. Prosecutors save face. The judge saves face. And the United States is not harmed by a disabled president. “

The hush money trial is one of four cases Trump has faced since the end of his first term in office, which is now in the spotlight following this month's presidential election.

Special counsel Jack Smith is in the midst of wrapping up two of his charges against Trump, which involve allegations of Trump's involvement in rigging the 2020 election and separate allegations that he hid a trove of classified documents at his Mar-a-Lago estate.

Another case in Georgia involving alleged interference in state elections has also been suspended. That case has revealed the first-ever photo of the former president, which Trump eventually used as a marketing tool to promote his campaign during the presidential cycle.