New York prosecutors say they are opposed to dismissing United States President-elect Donald Trump’s hush money case but have expressed openness to delaying his sentencing until after his second term.
In a court filing Tuesday, the Manhattan District Attorney’s Office argued that Trump’s forthcoming presidency does not warrant dismissing a case that has already gone through the courts. However, “given the need to balance competing constitutional interests”, prosecutors said that “consideration must be given” to possibly pumping the brakes on the case until Trump exits office again.
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The case has long been plagued by delays. Last week, Judge Juan Merchan delayed ruling on Trump’s previous efforts to overturn his conviction related to a July ruling by the US Supreme Court, which allows a president’s immunity from criminal prosecution for official acts in office.
It is unclear when the judge could rule on the matter. He could opt to delay the case for an undisclosed period of time or wait to see how a federal appeals court rules on Trump’s simultaneous attempts to move the case out of state court.
In Tuesday’s court filing, prosecutors argued that “no current law establishes that a president’s temporary immunity from prosecution requires the dismissal of a post-trial criminal proceeding that was initiated at a time when the defendant was not immune from criminal prosecution and that’s based on unofficial conduct for which the defendant is also not immune”.
Prosecutors stressed the need to “proceed in a manner that preserves both the independence of the Executive and the integrity of the criminal justice system”.
