Key Points
Manhattan prosecutors propose innovative options to address Trump’s criminal conviction in light of his return to office.
The legal debate centers on balancing presidential immunity with maintaining the validity of a historic jury conviction.
Trump’s legal team demands dismissal, calling the case unconstitutional and politically motivated.
What’s Happening
Manhattan prosecutors are exploring unprecedented strategies to manage Donald Trump’s hush money conviction as he prepares to resume the presidency. The conviction stems from charges of falsifying business records linked to a $130,000 payment to Stormy Daniels.
The district attorney’s office submitted court papers on Tuesday suggesting various paths forward, including:
Freezing the case: Delaying further proceedings until Trump’s presidency ends.
Conditional sentencing agreements: Proposing no jail time in future sentencing.
Notating unresolved appeals: Marking the case as unresolved due to presidential immunity, akin to how some states handle cases involving deceased defendants.
These options aim to respect presidential immunity without erasing the historical significance of Trump’s conviction.
Trump’s Response
Trump’s spokesperson dismissed the proposals as “pathetic” and politically driven. His legal team is pushing for the case’s dismissal, citing constitutional concerns and potential disruptions to his presidency.
Steven Cheung, Trump’s communications director, called the conviction a “politically motivated hoax.” Trump’s attorneys argue that the case threatens constitutional norms, particularly in light of recent presidential pardons, such as President Biden’s for his son Hunter Biden.
Legal Context
Trump’s conviction—34 counts of falsifying business records—is the first criminal conviction for a former U.S. president. Prosecutors allege the falsified records were meant to conceal payments aimed at suppressing damaging claims during the 2016 campaign.
Judge Juan Merchan paused sentencing and further proceedings after Trump’s recent election victory, granting both sides time to outline the next steps. Prosecutors maintain that a jury’s decision should not be undone due to Trump’s re-election.
What’s Next?
The case’s future hinges on Judge Merchan’s decision. Possible outcomes include:
Granting Trump’s dismissal request, nullifying the conviction.
Adopting a proposed solution, like freezing the case or waiving jail time.
Waiting for a federal appeals court ruling on Trump’s effort to transfer the case out of state jurisdiction.
The hush money case is one of four criminal cases brought against Trump, but it’s the only one to have gone to trial so far. Special counsel Jack Smith has ended two federal cases, while a Georgia election interference case remains largely inactive.
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