Prosecutors Seek to Preserve Trump Hush Money Conviction \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ Prosecutors are proposing innovative solutions to preserve President-elect Donald Trump’s hush money conviction as he prepares to return to office. Options include pausing the case during his presidency, ruling out jail time, or marking the case unresolved due to presidential immunity. Trump’s legal team is pushing for dismissal, arguing that the case is unconstitutional and politically motivated. The final decision could set a precedent for balancing legal accountability with presidential duties.
Trump Hush Money Conviction: Quick Looks
- Prosecution Strategies: Options include pausing the case, ruling out jail time, or noting the conviction as unresolved due to immunity.
- Trump’s Stance: His lawyers argue for dismissal, calling the case unconstitutional and politically motivated.
- Legal Innovations: Prosecutors propose using precedents from cases involving deceased defendants to handle immunity challenges.
- Potential Presidential Impact: Trump’s team claims the case disrupts his ability to govern effectively.
- Broader Context: This case is part of a series of indictments against Trump, though it is the only one to reach trial.
Deep Look
In a series of filings made public on Tuesday, the Manhattan District Attorney’s office outlined several proposals to manage Trump’s conviction as he prepares to take office. One suggestion involves freezing the case until Trump’s presidency concludes, effectively delaying further proceedings. Another idea is to close the case with a note recognizing the conviction but clarifying that sentencing did not occur and appeals remained unresolved due to presidential immunity.
This approach borrows from practices in some jurisdictions where cases involving deceased defendants are closed without formal appeals. While prosecutors acknowledge that this idea may not align perfectly with New York law, they argue that Judge Juan M. Merchan has room to innovate, given the unprecedented nature of the case.
Trump’s legal team strongly opposes these proposals, calling for the case’s outright dismissal. Steven Cheung, Trump’s communications director, labeled the prosecution’s approach “a pathetic attempt” to salvage a politically motivated and unconstitutional case. Trump’s lawyers argue that continuing the case violates constitutional principles and undermines the legitimacy of his presidency.
The charges stem from an alleged scheme to conceal a payment to Daniels in the final weeks of Trump’s 2016 presidential campaign. Prosecutors claim Trump falsified business records to obscure the payment, which was made to prevent Daniels from publicizing her story. Trump denies any wrongdoing, asserting that the case is part of a larger political vendetta led by District Attorney Alvin Bragg and other Democrats.
Judge Merchan has yet to decide on the case’s future. He could grant Trump’s request for dismissal, adopt one of the prosecution’s proposals, or await the outcome of a federal appeals court ruling on whether the trial should move out of state court.
The case has already experienced significant delays. After Trump’s election victory in November, Judge Merchan postponed sentencing indefinitely to allow both sides to consider how the case should proceed under presidential immunity. Trump’s legal team has also filed motions to dismiss the case on immunity grounds.
This hush money case is just one of four criminal indictments Trump has faced. It is the only one to go to trial. Two federal cases brought by special counsel Jack Smith—one related to Trump’s efforts to overturn the 2020 election and the other involving alleged mishandling of classified documents—have been concluded. Meanwhile, a state election interference case in Fulton County, Georgia, remains largely on hold. Trump has denied wrongdoing in all these cases.
As Trump prepares to take office again on January 20, this legal battle raises questions about how presidential immunity intersects with criminal convictions. The ultimate resolution of this case could set new precedents for how legal accountability is balanced with the demands of the presidency.
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