Prosecutors Request Delay In Donald Trump Hush Money Sentencing But Oppose Case Dismissal.

November 21, 2024 by Krishna Patel

Table of Contents

Prosecutors Request Delay The Manhattan District Attorney’s office wants to delay former President Donald Trump’s hush money case sentencing. They also don’t want him to get the case dismissed. They had to make a decision by Tuesday, after Trump won the election.

Trump’s sentencing was set for November 26. But his lawyers want the judge to throw out the case before he’s sworn in. The DA’s office now suggests waiting until Trump leaves office in 2029 for all proceedings.

Key Takeaways

Manhattan prosecutors have requested a delay in Donald Trump’s hush money case sentencing.
Prosecutors oppose Trump’s motion to dismiss the criminal charges against him.
The DA’s office has suggested deferring all remaining proceedings until after Trump leaves the White House in 2029.
Trump’s defense attorneys have asked the judge to dismiss the case before his inauguration.
The legal battle over the hush money case continues to unfold as Trump prepares to take office.

Overview of the Manhattan DA’s Latest Court Filing

The Manhattan District Attorney’s office has asked for a delay in former President Donald Trump’s sentencing. Trump was found guilty of 34 felony counts of falsifying business records. The prosecutors say they need time to deal with the legal questions of sentencing a president-elect.

They suggest waiting until after Trump’s second presidential term ends in 2029 to continue the case.

Key Points from the Prosecution’s Position

The prosecution’s filing highlights several important points:

Prosecutors agree to let Trump’s lawyers file more legal arguments for dismissing the case. But they will fight any attempts to drop the charges.
The DA’s office says they need to balance constitutional rights and respect for the President’s office. This is why they’re asking for a delay in sentencing.
They think the case might have to wait until after Trump’s second term. This is because of the complex legal issues involved.

Timeline of Current Legal Developments

The sentencing was set for November 26. Prosecutors then suggested a new deadline of December 9. Trump’s team wants the case dismissed right away, citing his reelection and a Supreme Court ruling on presidential immunity.

However, prosecutors argue that the evidence was gathered during Trump’s first term. They believe the judge will decide if the Supreme Court ruling applies to this trial before considering dismissing the whole case.

Significance of the DA’s Request

The Manhattan DA’s request for a delay in Trump’s sentencing shows the complex legal issues at play. Prosecutors are trying to balance constitutional rights and respect for the President’s office.

This case is unique because it involves sentencing a president-elect. The outcome could have big implications for how the criminal justice system works with the executive branch. It’s a case to watch closely in the coming months and years.

Key Developments	Details
Prosecutors Request Delay	Manhattan DA’s office filed a request to postpone Trump’s sentencing while allowing his lawyers to file further legal arguments for case dismissal.
Prosecutors’ Arguments	Prosecutors stated they would challenge Trump’s efforts to dismiss the case but agreed that sentencing a president-elect raises unprecedented legal questions. They proposed deferring all remaining criminal proceedings until after Trump’s presidential term ends in 2029.
Reasons for Request	The DA’s office cited the need to balance competing constitutional interests and respect for the Office of the President as reasons for their request.

Understanding Trump’s Criminal Conviction Background

Former President Donald Trump has hit a new legal milestone. He’s the first former U.S. president to be convicted of a crime. In May, Trump was found guilty on 34 felony counts of falsifying business records.

This was related to a hush money payment to adult film actress Stormy Daniels. The payment, worth $130,000, was made to keep quiet about a 2006 sexual encounter. It was done to help his chances in the 2016 presidential election.

Each of the 34 class E felonies carries a penalty of up to four years in prison. But first-time offenders usually get a lighter sentence. Trump’s sentencing was set for November 26 but has been delayed twice.

Trump is also facing about half a billion dollars in damages in civil cases. The U.S. Department of Justice has two federal cases against him, including fraud and obstruction charges.

“This marks Trump as the first former president to become a convicted felon.”

Trump’s legal team wants the case dismissed. They say the delay in sentencing is to stop him from running in 2024. The outcome will affect Trump’s political future and presidential accountability.

Prosecutors Request Delay: Analysis of the DA’s Strategy

The Manhattan District Attorney’s Office wants to delay former President Donald Trump’s sentencing. Trump was found guilty of 34 felony counts. The reasons for the delay are Trump’s plans to appeal and raise new immunity questions.

Reasons Behind the Delay Request

Prosecutors see the case as complex, especially with Trump’s recent win. They need to balance constitutional interests. They also want to find ways to handle the case without dismissing it.

Legal Implications of the Postponement

The delay is part of the prosecutors’ plan for a fair trial. They want to avoid long legal battles. This move shows their commitment to upholding justice, despite the challenges.

The Manhattan District Attorney’s Office is dealing with tough issues. They’re balancing Trump’s immunity claims with constitutional rights. By asking for a delay, they show they’re taking a careful and thorough approach.

Trump’s Legal Team’s Dismissal Arguments

The legal fight over the hush money case against former President Donald Trump is ongoing. His legal team, led by Todd Blanche and Emil Bove, argues for the charges to be dropped. They focus on presidential immunity and the Presidential Transition Act of 1963.

The main points of Trump’s defense are:

They say Trump’s status as president-elect is the same as a sitting president after inauguration. So, they believe presidential immunity should apply during the transition.
The defense team says the appeal could take a year or more, possibly reaching the Supreme Court. They argue that having the sentencing over Trump’s head while in office is unfair.
They point to a recent Supreme Court ruling in June. This ruling granted former presidents some immunity for “official” actions. They believe this means the charges should be dismissed.

Prosecutors, however, disagree with dismissing the case. They acknowledge Trump’s role as President-elect but say the trial’s evidence was enough to convict him on all 34 felony counts of falsifying business records.

The outcome of this legal battle is crucial. It affects Trump personally and raises important questions about presidential immunity and the transition of power.

“The appeal could take a year or more, potentially reaching the Supreme Court. Having the sentencing hanging over Trump’s head while in office is against the interests of justice.”

As the case continues, the legal landscape will keep changing. The court’s decision will be watched closely by experts, analysts, and the public.

Presidential Immunity Claims and Constitutional Questions

The legal fight over former President Donald Trump’s case brings up big questions. Trump’s team says he should have the same immunity as a sitting president, even if he’s not yet in office.

The Supreme Court’s latest decision makes things even more complex. They said presidents can’t be charged for actions done while in office. But, the prosecutors in Trump’s case say his actions don’t count as official duties.

Transition Period Legal Considerations

The court must figure out how to deal with the guilty verdict and the legal issues of prosecuting a president-elect. Trump’s lawyers believe he should have immunity during the transition, as he’s already taking on some presidential tasks.

Supreme Court Precedents and Their Impact

The Supreme Court’s decision on presidential immunity is a big deal. It will affect how this case is handled. The court’s view on what counts as an “official act” and if a president-elect can claim immunity will be key.

“There is at least a presumptive immunity from criminal prosecution for a President’s acts within the outer perimeter of his official responsibility.”

Legal experts will watch how the court balances constitutional law and holding officials accountable. This will be important as the case goes on.

Potential Sentencing Scenarios and Timeline

The legal fight over Donald Trump’s hush money case is heating up. People are wondering about possible sentences and when it will all end. Judge Juan Merchan has many options, like fines, probation, or up to four years in jail. Yet, some legal experts think Trump might not face any punishment.

Prosecutors want to push back the sentencing hearing from November 26. They now aim for December 9. This gives both sides more time to think and possibly file new motions.

The case’s end is still unclear, especially with Trump set to become President in January 2025. It’s possible the sentencing could wait until 2029, making things even more complicated.

Everyone is watching closely as Trump’s possible sentences are discussed. Will he get fines, probation, or even jail time? The sentencing options, legal outcomes, and case timeline are all changing.

“The prosecutors’ request to delay the sentencing hearing adds another layer of uncertainty to the case timeline, leaving the final outcome in limbo as Trump prepares to return to the White House.”

Also Read: How Karoline Leavitt Went From Intern To Donald Trump Choice For White House Press Secretary?

Conclusion

The Manhattan District Attorney wants to delay former President Donald Trump’s sentencing. They also oppose dismissing the case. This sets a new legal precedent.

This situation raises complex constitutional questions. It affects how future presidents might be prosecuted. It’s a big deal for the country’s legal system.

The court must weigh the jury’s decision against the demands of the presidency. The case might not be fully resolved until 2029. This could change how power is balanced and accountability is enforced.

This case has sparked a vital conversation. It’s about the rule of law and the challenges of prosecuting a president-elect. The legal and constitutional issues will keep being discussed and studied.

The nation is trying to find a balance. It’s between upholding the law and keeping the democratic process stable. This case will continue to shape our understanding of these issues.

FAQs

Q: What is the current status of the criminal case against Donald Trump regarding hush money payments?

A: The prosecutors have requested a delay in the sentencing date for the criminal case, stating that they oppose any immediate dismissal of the case.

Q: Why are prosecutors requesting a delay in the sentencing for the Trump NY criminal case?

A: Prosecutors argue that consideration must be given to various non-dismissal options and that the proceedings should remain on hold until after the end of the upcoming presidential term.

Q: What role does the Manhattan District Attorney Alvin Bragg play in this case?

A: Manhattan District Attorney Alvin Bragg’s office is handling the case, and he has conceded that this situation is part of a larger narrative that some describe as a witch hunt against Trump.

Q: How does the Justice Department fit into the Trump hush money case?

A: While the Justice Department is not directly involved in this specific criminal case, their standards and procedures may influence how similar cases are handled at the federal level.

Q: What are the implications of the prosecutors’ request for a deferral of all remaining criminal proceedings?

A: If granted, the deferral would delay the criminal sentencing and other proceedings, which could impact Trump’s legal strategy and public perception ahead of the elections.

Q: What arguments are being made against the immediate dismissal of the case?

A: Prosecutors added that dismissing the case immediately would undermine the judicial process and fail to address the serious allegations involved in the criminal case.

Q: How many criminal cases is Donald Trump currently facing?

A: Trump is currently facing four criminal cases, including the one related to the hush money payments made to porn star Stormy Daniels.

Q: What has been the reaction from Trump’s team regarding the criminal case and sentencing delays?

A: Trump’s team has denounced the proceedings, labeling them a witch hunt, and has called for immediate dismissal of the case, arguing that the legal actions are politically motivated.

Q: What are the possible outcomes if the prosecutors’ request is dealt with favorably?

A: If the request for a delay is granted, it may lead to a postponement of the sentencing date, allowing Trump’s legal team more time to prepare their defense and strategize for upcoming trials.

Q: How does the Supreme Court’s ruling affect the Trump hush money case?

A: The Supreme Court’s ruling may set precedents that could influence how the criminal case is argued in lower courts, potentially affecting the proceedings and outcomes related to similar cases.

Source Links