New York prosecutors have vowed to oppose President-elect Donald Trump’s attempt to have his criminal conviction overturned but have expressed willingness to delay his sentencing until after he completes his upcoming presidential term.
Prosecutors requested that Judge Juan Merchan, who is overseeing Trump’s sentencing, consider alternatives to dismissing the case, including postponing the sentencing until Trump completes his presidential term, which is set to end in 2029.
The Manhattan District Attorney’s office has asked the judge to set a new deadline of December 9 for both parties to file new motions and arguments.
Trump’s sentencing is currently scheduled for November 26 but could be delayed further.
In May, Trump was convicted on 34 counts of falsifying business records related to an attempt to cover up a potential sex scandal ahead of his first presidential campaign in 2016. However, a few weeks later, the U.S. Supreme Court ruled in a separate case that presidents are afforded some immunity from criminal prosecution for “official acts.”
Trump’s legal team is now seeking to have the conviction overturned based on presidential immunity and his upcoming term in office. On Wednesday, attorney Todd Blanche requested the “immediate dismissal of the case,” arguing that such a result is required by the U.S. Constitution and the Presidential Transition Act. Blanche asked for a deadline of December 20 to file a full brief with the court.
Prosecutors, however, argue that the charges in their case are unrelated to official presidential duties. They emphasized that the trial and conviction occurred before the U.S. Supreme Court decision granting presidents broad protection from criminal prosecution. Still, they acknowledged that Justice Merchan must balance constitutional interests and suggested that he consider “non-dismissal options,” including delaying the remaining criminal proceedings until after Trump’s presidency.
Mitchell Epner, a New York attorney and former prosecutor, explained that the prosecutors are asking the judge to delay sentencing but not dismiss the conviction. “Don’t drop the conviction, but don’t take any action until Trump leaves office,” he said.
With Trump’s inauguration just weeks away, there is little time for further motions before the case is likely paused after January 20, when Trump will take the oath of office. Of the four criminal cases against Trump, the New York case is the only one that has gone to trial and resulted in a conviction, though the final outcome is now uncertain.
Despite this, Trump’s spokesperson Steven Cheung, who has been appointed White House communications director, declared “total and definitive victory.”
Justice Merchan has yet to rule on the matter, and former Manhattan prosecutor Diana Florence believes it is unlikely that Trump will be sentenced on November 26, as the judge is expected to accept the prosecutors’ proposal. “I think there’s less than a half a percent chance he’d be sentenced next week,” she said.
The judge has several sentencing options for Trump, including fines, probation, or up to four years in prison, but legal experts believe Trump could avoid any actual punishment.
The Manhattan District Attorney’s Office first charged Trump in April 2023, accusing him of falsifying business records related to a hush-money scheme during the final days of the 2016 presidential campaign. Prosecutors allege that Trump tried to conceal reimbursements to his personal lawyer, who paid off an adult film star with whom Trump allegedly had an affair. They argue that the scheme interfered with the election.
Trump has denied the affair and claims the case is politically motivated. In May, a jury of 12 New Yorkers found him guilty. Since then, the sentencing has been delayed several times while all parties consider the historic implications of his re-election.
