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 victory in 2016.
However, a few weeks later, the US Supreme Court ruled in a separate case that presidents enjoy a degree of immunity from prosecution for “official acts.”
Trump’s lawyers want the judge to overturn his conviction in New York on the basis of presidential immunity and in connection with the upcoming term in the White House.
On Wednesday, attorney Todd Blanche called for an “immediate dismissal of this case” and argued that such an outcome is required by the US Constitution and the Presidential Transition Act. Mr. Blanche asked for until December 20 to submit a full statement to the court.
Prosecutors believe that the issues at the heart of their case are unrelated to the president’s official duties.
They emphasized that the trial and conviction came before the U.S. Supreme Court ruled this summer that presidents have broad immunity from criminal prosecution.
However, they recognized “the need for Judge Merchan to balance the constitutional interests of competition.”
They asked the judge to consider “non-removal options,” which could include “postponing all remaining criminal cases until the end of the Defendant’s next presidential term.”
“The district attorney’s office argues that the court should delay sentencing until after Trump leaves the White House,” said New York City attorney and former prosecutor Mitchell Epner. “Don’t reverse the conviction, but don’t do anything until Trump leaves office.”
Mr. Epner said that with Trump’s inauguration just weeks away, there was little time left on the calendar for another round of motions and reports. The case will still be on hold after Jan. 20, when Trump is sworn in, he said.
Of Trump’s four criminal prosecutions, the New York case was the only one to go to trial and result in a conviction.
But the final outcome is now uncertain as Trump prepares to head to the White House next January.
However, Trump’s press secretary Stephen Cheng – who has been tapped to serve as White House communications director – declared a “complete and final victory.”
However, Judge Merchan has not yet ruled on this issue.
Former Manhattan U.S. Attorney Diana Florence said the request casts doubt on whether Trump will face sentencing at a scheduled Nov. 26 hearing, as a judge is likely to accept the prosecution’s offer.
“I think there is less than half a percent chance that he will be convicted next week,” she said.
The judge has a number of sentencing options for Trump, including fines, probation and four years in prison — though legal experts say the president-elect could avoid any legal punishment.
Manhattan District Attorney Alvin Bragg first charged Trump with falsifying business records in April 2023, accusing the president-elect of a scheme to hide money in the final days of the 2016 presidential campaign.
Prosecutors said Trump tried to cover up compensation to his personal attorney, who paid off an adult movie star with whom Trump allegedly had an affair. Because of the scheme’s proximity to the election, they argued it amounted to election interference.
Trump has maintained his innocence, denied the affair ever took place and claimed the affair was a form of political persecution.
But in May, a jury of 12 New Yorkers found the president-elect guilty.
Trump’s sentencing hearing has been postponed several times. The court agreed to delay any decision until today while all sides deal with the historic implications of his re-election.
Madeline Halpert contributed to this report.
