New York Prosecutors Want Judge To Hold Off On Trump Hush Money Sentencing

New York prosecutors on Tuesday asked the judge overseeing Donald Trump’s hush money trial to press pause on the president-elect’s sentencing, to allow for more debate on the complicated legal issues at play.
While the office of Manhattan District Attorney Alvin Bragg asked for more time, Bragg said he would oppose a motion to completely dismiss the case.
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Trump was convicted on all 34 felony counts in May by a jury of 12 New Yorkers, but his sentencing has been pushed back multiple times.
Most recently, it was scheduled for Nov. 26, but that date is now up in the air.
The Supreme Court was first to throw a wrench into the sentencing proceedings when it ruled in July that presidents enjoy vast powers of immunity from criminal prosecution. Longstanding precedent also prevents prosecution of sitting presidents, meaning that Trump’s reelection further complicates the proceedings.
Now, New York Supreme Court Judge Juan Merchan will have to decide whether to delay the sentencing further — perhaps by four years — or throw out the case entirely, given that Trump will be retaking the White House in January.
Bragg asked Merchan to set a Dec. 9 deadline for Trump’s team to file its motion for dismissal. He indicated he would have more to say about Merchan’s “non-dismissal options” afterward.
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“The People believe that further proceedings before this Court should be adjourned to permit litigation of Defendant’s forthcoming motion to dismiss and, therefore, the people would not oppose a defense motion for a stay of further proceedings before this Court while Defendant’s motion is adjudicated,” Bragg wrote in his letter to the judge.
Bragg acknowledged the unprecedented nature of the proceedings and said his office “deeply respect[s] the Office of the President.”
“We also deeply respect the fundamental role of the jury in our constitutional system,” Bragg said.
Deadlines in the case have been thrown into turmoil since Trump won the election earlier this month. Merchan decided last week to delay his own decision on how to proceed with the case in light of Trump’s win.
The two federal criminal cases against Trump, brought by special counsel Jack Smith, are winding down without trial ahead of Smith’s expected resignation.
The New York criminal case against Trump centered on a $130,000 hush money payment to the porn actor Stormy Daniels in the days before the 2016 presidential election in order to stop her from coming forward with a claim about an alleged affair.
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Trump’s personal attorney at the time, Michael Cohen, arranged the payment on behalf of his boss, who then reimbursed him over the course of a year for what was described on business records as legal services.
Prosecutors successfully argued that those business records had been falsified to conceal the true nature of the reimbursement.
Trump has long denied that he had an affair with Daniels and that he did anything wrong, describing the prosecution as a political witch hunt.
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Trump’s communications director, Steven Cheung, declared “total and definitive victory” in a statement Tuesday, falsely stating that the case is “now stayed.”
CORRECTION: This story has been amended to clarify that the Nov. 26 sentencing hearing is likely to be canceled, but will remain on the docket until Judge Merchan responds.
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