The New York prosecutors who bought the hush money case against now President-elect Donald Trump said they would agree to a delay in his sentencing but they would oppose dismissal of the conviction.
Trump was convicted in May of 34 counts related to falsifying business records showing that he paid porn actress Stormy Daniels to not talk about their sexual encounter, The Associated Press reported. He was convicted of trying to conceal a $130,000 payment made to Daniels just before the 2016 election. Trump said he did not have sex with Daniels and denies he did anything wrong.
The money was paid by his former attorney Michael Cohen and Trump paid him back, marking them in his company’s records as legal expenses. Prosecutors said that concealed that the money was actually a hush money payment. Trump said the payments made to Cohen were for legal work.
Trump pleaded not guilty, saying the case was politically motivated to interfere with his presidential reelection run, Reuters reported.
Judge Juan Merchan had set a Tuesday deadline for the Manhattan district attorney’s office to say how and if the case should continue.
Trump was scheduled to be sentenced on Nov. 26.
Prosecutors wrote on Tuesday that they “are mindful of the demands and obligations of the presidency” and that Trump’s reelection “will raise unprecedented legal questions,” the AP reported.
They also said they “deeply respect the fundamental role of the jury in our constitutional system.”
They admit that Trump, if the conviction stands, would not be sentenced until he finishes the end of his second term in office, CNN reported.
Trump’s legal team had tried to convince Merchan to dismiss the case “to avoid unconstitutional impediments.” Earlier this year the U.S. Supreme Court ruled that Trump did have some legal immunity when it came to official duties of office.
His lawyers said that the jury received some improper evidence, including his presidential financial disclosure form, testimony from White House aides and social media posts made while he was the sitting president.
Prosecutors said that only a small portion of evidence could be considered under the Supreme Court ruling. The case, according to prosecutors, focused on personal conduct, Reuters reported.
If the case were dismissed, the conviction would be wiped.
Merchan can decide to dismiss, delay for some time or allow the federal appeals court to rule on a request by Trump’s team to move it from state court.
If Merchan decides not to dismiss the case and Trump is eventually sentenced, he could be fined, receive probation or get four years in prison. A prison term is unlikely as it was Trump’s first conviction and they were the lowest type of felonies, the AP reported.
The hush money case was the only one of four that were brought against the former, now president-elect, after he left office in 2020, Reuters reported.
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