By MICHAEL R. SISAK
New York prosecutors have firmly opposed any efforts to dismiss President-elect Donald Trump's hush money conviction, while expressing some willingness to delay sentencing until after his impending second term. In a recent court filing, the Manhattan district attorney's office stated that Trump's forthcoming presidency does not warrant dropping a case that has already been tried. However, they acknowledged the necessity of balancing competing constitutional interests and suggested the possibility of freezing the case until he is out of office.
Trump was convicted of 34 counts of falsifying business records to cover up a scheme aimed at influencing the 2016 election by paying hush money to porn actor Stormy Daniels, who claimed they had an affair. Trump denies these allegations.
Judge Juan M. Merchan has yet to provide a timetable for his decision on how to proceed with the case, which is scheduled for sentencing on November 26. Prosecutors noted their awareness of the demands placed on the presidency and the unprecedented legal questions that Trump's return to the White House might raise.
Trump's legal team has argued for the case to be dismissed to facilitate the orderly transition of executive power. They have cited a U.S. Supreme Court ruling from July that granted presidents broad immunity from criminal prosecution for actions taken while in office. A dismissal would erase Trump's historic conviction and eliminate the potential for a criminal record or prison sentence.
If the verdict stands, Trump could face a range of punishments from fines to probation, or up to four years in prison, although it is unlikely he would serve time for a first-time conviction involving low-tier felonies. Trump's supporters have rallied around him, wearing slogans like 'Free Trump' at campaign events.
Because this is a state case, Trump cannot pardon himself if he returns to office, as presidential pardons only apply to federal crimes. The hush money case is the only one of Trump's four criminal indictments to reach trial.
Special counsel Jack Smith is currently winding down two federal cases against Trump, one concerning efforts to overturn the 2020 election and the other related to the hoarding of classified documents at Mar-a-Lago. A separate state election interference case in Georgia remains largely on hold.
Trump has labeled the hush money verdict as a 'rigged, disgraceful' outcome, claiming, without evidence, that it is part of a Democrat-led 'witch hunt' aimed at undermining his presidential campaign.
Associated Press writer Jennifer Peltz contributed.