Manhattan District Attorney Alvin Bragg told Judge Juan Merchan to postpone the sentencing in President-elect Donald Trump’s business record case.
“The People deeply respect the Office of the President, are mindful of the demands and obligations of the presidency and acknowledge that Defendant’s inauguration will raise unprecedented legal questions,” prosecutors wrote. “We also deeply respect the fundamental role of the jury in our constitutional system.”
“No current law establishes that a president’s temporary immunity from prosecution requires dismissal of a post-trial criminal proceeding that was initiated at a time when the defendant was not immune from criminal prosecution and that is based on unofficial conduct for which the defendant is also not immune,” the filing continues.
“Given the need to balance competing constitutional interests, consideration must be given to various non-dismissal options that may address any concerns raised by the pendency of a post-trial criminal proceeding during the presidency, such as deferral of all remaining criminal proceedings until after the end of Defendant’s upcoming presidential term.”
Prosecutors gave “two reasons for this position,” the document says. “First, as a practical matter, Defendant’s stated plan to pursue immediate dismissal and file interlocutory appeals will likely lead to a stay of proceedings in any event; staying proceedings now until this Court’s resolution of the motion to dismiss would thus avoid unnecessary litigation. Second, proceeding to sentencing now would not avoid the new immunity question that Defendant intends to raise.”
Trump Communications Director Steven Cheung said in a statement, “This is a total and definitive victory for President Trump and the American People who elected him in a landslide. The Manhattan DA has conceded that this Witch Hunt cannot continue. The lawless case is now stayed, and President Trump’s legal team is moving forward to get it dismissed once and for all.”
