New York prosecutors have responded to President-elect Donald Trump’s efforts to overturn his criminal conviction, proposing a unique approach that could delay sentencing until after his presidential term.
In May, Trump was convicted on 34 charges of falsifying business records, related to a hush-money scheme involving an alleged affair with an adult film star during the 2016 presidential campaign. Prosecutors argued that the scheme was an attempt to interfere with the election by disguising reimbursements to his personal attorney who paid off the adult film star.
Trump’s legal team is seeking to overturn the conviction based on two primary arguments: presidential immunity and his impending return to the White House. This follows a recent US Supreme Court ruling that presidents have some immunity from criminal prosecution for “official acts.”
However, Manhattan prosecutors have pushed back, emphasizing that the case’s issues are unrelated to official presidential duties and that the trial occurred before the Supreme Court’s immunity ruling. Instead of dismissing the case, they’ve suggested alternative approaches to Justice Juan Merchan.
The prosecutors have requested a new deadline of 9 December for both sides to consider the case and file additional motions. Notably, they’ve proposed deferring all criminal proceedings until after Trump’s presidential term ends in 2029.
Legal experts interpret this as a strategic move to keep the conviction intact while avoiding immediate sentencing. Mitchell Epner, a former prosecutor, described the approach as “Don’t drop the conviction – but don’t do anything until after Trump leaves office.”
The potential sentence ranges from fines and probation to a maximum of four years in prison. However, legal experts suggest Trump might avoid any direct punishment due to his presidential status.
Trump’s spokesman, Steven Cheung, has declared “total and definitive victory,” though Justice Merchan has not yet ruled on the matter. Former Manhattan prosecutor Diana Florence believes it’s unlikely Trump will be sentenced at the originally scheduled hearing on 26 November, estimating less than a half-percent chance.
Trump has consistently maintained his innocence, denying the affair and claiming the case is political persecution. Despite his claims, a jury of 12 New Yorkers found him guilty in May.
Of the four criminal prosecutions against Trump, this New York case is the only one to result in a trial and guilty verdict. With his upcoming inauguration in January, the final outcome remains uncertain.
The court had previously agreed to hold off on decisions while considering the historic implications of Trump’s re-election. Prosecutors are now seeking a path that preserves the conviction while respecting the complexities of presidential immunity and timing.
As the legal proceedings continue, the case remains a significant and unprecedented challenge in American judicial history.
