Prosecutors in Donald Trump’s New York hush money case have agreed to delay the president-elect’s sentencing as the judge weighs whether to dismiss the case in light of his election victory.
Manhattan district attorney Alvin Bragg’s office agreed to postpone the Nov. 26 sentencing date for Trump to formally request a dismissal of the case, though the prosecutors remain opposed to dropping the charges, according to a court filing. Bragg proposed "non-dismissal options" such as halting the sentencing until Trump’s departure from office in 2029.
"The People deeply respect the Office of the President, are mindful of the demands and obligations of the presidency, and acknowledge that Defendant’s inauguration will raise unprecedented legal questions," the filing reads. "We also deeply respect the fundamental role of the jury in our constitutional system."
"This is a total and definitive victory for President Trump and the American People who elected him in a landslide. The Manhattan DA has conceded that this Witch Hunt cannot continue," said Steven Cheung, Trump’s incoming White House communications director.
Bragg’s proposal, pending the court’s approval, comes as Judge Juan Merchan is expected to make a decision later Tuesday on whether Trump’s charges should be dropped entirely. The judge agreed last week to delay the decision until Tuesday, giving the prosecutors more time to assess the "unprecedented circumstances."
Trump was convicted in May on 34 felony counts of falsifying business records to conceal a hush money payment to adult film actress Stormy Daniels ahead of the 2016 presidential election. The offense carries a maximum sentence of four years in prison, though lighter punishments such as fines and probation are more common.
The Justice Department has long held that a sitting president cannot be indicted or prosecuted. A Supreme Court ruling this summer further expanded the scope of presidential immunity, granting former presidents broad protection from criminal prosecution for acts performed in office.
"There are strong reasons" for a pause in proceedings and the "eventual dismissal of the case in the interests of justice," Trump’s attorneys argued last week, citing the need to "avoid unconstitutional impediments to President Trump’s ability to govern."