President-elect Donald Trump, at the time a candidate for president, speaks on May 28, 2022 in Casper, Wyoming. (Photo by Chet Strange/Getty Images)
WASHINGTON 鈥 Consequences for President-elect Donald Trump鈥檚 guilty conviction in a New York state case will be years away, as prosecutors signaled they will not oppose suspending the lawsuit while the incoming 47th president carries out his four years in the Oval Office.
Manhattan District Attorney Alvin Bragg wrote Tuesday that he will fight Trump鈥檚 request to toss the case altogether. But Bragg said he will not get in the way of a stay, or pause, on the proceedings.
鈥淕iven the need to balance competing constitutional interests, consideration must be given to various non-dismissal options that may address any concerns raised by the pendency of a post-trial criminal proceeding during the presidency, such as deferral of all remaining criminal proceedings until after the end of Defendant鈥檚 upcoming presidential term,鈥 Bragg wrote in a聽 that had been due Tuesday to New York Judge Juan Merchan.
Bragg requested that motions be due Dec. 9. Trump still has a criminal sentencing date on the calendar for Nov. 26, unless Merchan orders otherwise.
Trump spokesman Steven Cheung declared 鈥渁 total and definitive victory鈥 in a statement issued shortly after Bragg鈥檚 letter became public.
鈥淭he Manhattan DA has conceded that this Witch Hunt cannot continue. The lawless case is now stayed, and President Trump鈥檚 legal team is moving to get it dismissed once and for all,鈥 said Cheung.
History-making conviction
Trump, the first former president to become a convicted felon, was聽 in May of 34 felonies for falsifying business records related to paying off porn star Stormy Daniels ahead of the 2016 presidential election to hide a decade-old sexual encounter with her at a Lake Tahoe golf club.
The likely delay of Trump鈥檚 sentencing while he serves as president brings to a close, if temporarily, the only one of Trump鈥檚 criminal cases that went to trial.
The case, brought by Bragg鈥檚 office, was among four criminal cases the then-former president faced as he聽 to again occupy the Oval Office. Trump also faced several civil lawsuits and now stares down roughly half a billion dollars in damages for committing聽,听 补苍诲听.
As Trump readies to take the oath of office in just two months, U.S. Department of Justice special counsel Jack Smith鈥檚 office is also聽 its two federal cases against Trump, as the department does not prosecute sitting presidents.
The federal cases include fraud and obstruction charges stemming from Trump鈥檚 actions to undermine his 2020 election loss, which culminated in a violent attack by his supporters on the U.S. Capitol on Jan. 6, 2021.
The other case, appealed by Smith after a federal judge tossed it, revolved around charges that the then-former president unlawfully took and stockpiled classified documents at his Florida Mar-a-Lago estate upon leaving the White House.
Not the first delay in NY
Each of the 34 class E felonies Trump is convicted of carries a penalty of up to four years, according to the New York penal code.
Trump鈥檚 sentencing date was twice delayed. Merchan granted Trump鈥檚 request in September to delay the criminal sentencing until after November鈥檚 presidential election.
Merchan had already delayed Trump鈥檚 initial July sentencing date following the U.S. Supreme Court鈥檚 decision ordering that former presidents are immune from criminal charges for core constitutional duties, and presumed immune for other actions while in office. The court鈥檚 opinion also brought into question what types of evidence can be admitted in criminal cases against former presidents.
Trump asked Merchan to 鈥渟et aside鈥 the guilty verdict almost immediately after the Supreme Court鈥檚 presidential immunity ruling. Merchan has yet to rule on the motion.
New York prosecutors and Trump鈥檚 defense team on Nov. 12聽 Merchan to delay all proceedings while the prosecutors decide if and how their case would proceed following Trump鈥檚 election victory.
Last updated 3:39 p.m., Nov. 19, 2024
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