Manhattan DA argues to keep Trump case alive
President-elects layer's want conviction tossed
By: Aysha Bagchi
USA Today
..... Manhattan prosecutors urged a New York criminal court to keep President-elect Donald Trump's hush money case alive even of sentencing is pushed out past his next term.
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"President-elect immunity does not exist," lawyers from Manhattan Distinct Attorney Alvin Bragg's office wrote in the court filing made public Tuesday [12/10/2024]" At most, (Trump) should receive temporary accommodation during his presidency to prevent this criminal case from meaningfully interfering with his official decision-making."
..... Trump was convicted may 30 [2024] on 34 felony courts of falsifying business records to cover up a hush money payment to adult film star Stormy Daniels just before the 2016 presidential election. He was originally scheduled for sentencing in July, [2024] but the sentencing date was repeatedly pushed back. Trump is now arguing that sentencing should be canceled and the case should be dismissed as a result of his election win.
..... "burdening the Presidency with a biased prosecution by a local prosecutor would be not only unconstitutional, but also unbearably democratic to the people of this country who chose President Trump as their leader," his legal team wrote in a motion calling for the case's dismissal.
..... Trump is making various legal arguments for getting the case tossed out, including that its continued existence = even with sentencing pushed out four-plus years - would improperly interfere with his presidency. It "would be egregious and unlawful for this Court to hold the prospect of a 2029 sentient over President Trump's head while he continues his serve to this country," Trump;s legal team wrote in his motion.
..... But Manhattan prosecutors said in the new filing that there are multiple options short of throwing out the jury's verdict that would address concerns about interfering with Trump's second term.
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Or, if Judge Juan Merchan is worried that simply pausing the case would improperly burden Trump;s presidency, Merchan could close the case while putting a note in the court record stating that the jury's verdict removed Trump's presumption of innocence but he was never sentenced and his conviction was neither upheld nor stuck down on appeal.
..... "This remedy would prevent defendant form being burdened during the presidency by an ongoing criminal proceeding," prosecutors said, and it "would not precipitously discard ... the meaningful fact that defendant was indicted and found guilty by a jury of his peers."
..... In additions, Trump has argued that Manhattan should dismiss the case under a new York statute that authorizes throwing out an indictment "in furtherance of justice."
..... "President Trump's civic and financial contributions to this City and the Nation are too numerous to count. These factors strongly support dismissal," Trump lawyers wrote.
..... Prosecutors countered that multiple factors weigh against that option, including Trump's history and character.
..... Trump "threatened 'death and destruction if he was indicted and posted a photo of himself wielding a baseball bat at the back of the District Attorney's head," prosecutors noted. "He made other statements directly addressing the grand jury; calling the District Attorney an 'animal' a 'degenerate psychopath," and 'HUMAN SCUM.' "
..... If trump is ever sentence for the 34 felony convictions, Merchan has wide discretion over what that sentence should look like. He could decide Trump should spend years in prison, but he could also decide Trump shouldn't face time behind bars at all.