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Trump’s Hush Money Case May Be Delayed Until After Presidency

Trump conviction/ hush money case/ New York prosecutors/ Stormy Daniels payment/ presidential immunity/ Newslooks/ NEW YORK/ J. Mansour/ Morning Edition/ New York prosecutors oppose dismissing President-elect Donald Trump’s hush money conviction but suggest pausing proceedings until after his presidency. Trump, convicted in May of falsifying business records tied to a 2016 hush money scheme, faces sentencing but seeks dismissal citing presidential immunity. The case highlights complex legal questions as Trump prepares to return to office.

Former President Donald Trump speaks to reporters at Manhattan Criminal Court on May 21, 2024 in New York. (Michael M. Santiago/Pool Photo via AP)

Trump’s Hush Money Case: Quick Looks

  • Prosecutors’ Stance: New York prosecutors oppose dismissing the case but may agree to delay it.
  • Conviction Details: Trump was convicted on 34 counts related to a $130,000 hush money payment.
  • Legal Arguments: Trump cites Supreme Court rulings and presidential immunity in his defense.
  • Potential Sentence: Penalties range from fines to up to four years in prison, though jail time is unlikely.
  • Political Fallout: Trump calls the case a “witch hunt,” rallying supporters amid legal battles.

Trump’s Hush Money Case May Be Delayed Until After Presidency

Deep Look

New York prosecutors announced Tuesday their opposition to dismissing President-elect Donald Trump’s conviction in a hush money case, though they acknowledged the possibility of delaying proceedings until after his second term. Trump, convicted in May on 34 counts of falsifying business records, continues to challenge the verdict, arguing that his status as president-elect shields him from prosecution.

Conviction Overview

The case stems from a $130,000 hush money payment made in 2016 to adult film actor Stormy Daniels, who alleged she had an affair with Trump a decade earlier. Trump denies the affair and claims no wrongdoing, but prosecutors argued the payment was part of a broader scheme to suppress damaging information during the presidential campaign.

Michael Cohen, Trump’s former attorney, facilitated the payment, which was reimbursed by Trump’s company and falsely recorded as legal expenses, prosecutors alleged. The jury convicted Trump on all counts, making him the first U.S. president to face criminal conviction.

Prosecutors Push Back Against Dismissal

In a letter to Judge Juan M. Merchan, Manhattan District Attorney Alvin Bragg’s office argued there was no legal basis to overturn the conviction. “The demands and obligations of the presidency do not erase accountability for past actions,” prosecutors wrote. However, they recognized the challenges of proceeding with the case during Trump’s presidency and suggested a pause might be appropriate to “balance competing constitutional interests.”

The defense team has called for dismissal, citing a Supreme Court ruling in July that grants presidents broad immunity from prosecution for official acts. Trump’s lawyers argue that some evidence presented at trial—such as financial disclosures and social media posts from his presidency—was improperly admitted.

Prosecutors countered that such evidence constituted only “a sliver” of their case and was unrelated to Trump’s official duties.

Trump’s sentencing, initially scheduled for November 26, remains in limbo. If the conviction is upheld, penalties could range from a fine or probation to up to four years in prison. However, legal experts consider it unlikely Trump would face jail time for a first-time conviction involving low-level felony charges.

The conviction, if not dismissed or delayed, would saddle Trump with a criminal record as he prepares to take office on January 20. Unlike federal crimes, state charges cannot be pardoned by the president, meaning Trump would have no power to erase his record.

The Case in Context

The hush money case is one of four criminal cases Trump faces but is the first to go to trial. Special counsel Jack Smith is handling two federal cases, including one related to Trump’s alleged attempts to overturn the 2020 election and another concerning classified documents found at Mar-a-Lago. A separate election interference case in Georgia is currently on hold.

Trump’s legal battles have fueled his political rhetoric, with the president-elect branding the New York conviction as part of a Democrat-led “witch hunt.” Speaking to supporters, he claimed the trial was “rigged” and accused Manhattan prosecutors of trying to derail his campaign.

Some of Trump’s supporters have embraced the conviction, donning T-shirts at rallies with slogans like “Free Trump” and “I’m Voting For the Convicted Felon.”

The hush money case underscores the unprecedented legal and political dynamics surrounding Trump’s presidency. Judge Merchan has several options, including delaying the case, waiting for a federal appeals court ruling, or proceeding with sentencing.

Prosecutors emphasized respect for the jury’s role in their Tuesday filing, stating, “We deeply respect the fundamental role of the jury in our constitutional system.” They noted that Trump’s return to office raises “unprecedented legal questions” but maintained that the conviction was justified based on the evidence.

For Trump, the stakes are both legal and political. His conviction complicates his return to office, while ongoing cases could further entangle his presidency. Trump has pledged to appeal the verdict if the case is not dismissed, ensuring that legal challenges will remain a significant feature of his political narrative.

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