lic Tuesday, Bragg’s office opposes the dismissal of the charges against Trump but is open to halting the case while Trump remains president-elect. The filing, which spans 82 pages, outlines several alternatives to throwing out the case entirely, providing an in-depth explanation of how Trump’s return to the White House might impact the legal proceedings.
Trump’s legal team has argued that his status as president-elect grants him immunity from the ongoing prosecution, calling for the immediate dismissal of the case. However, Bragg’s office rejected this argument, stating that presidential immunity does not apply until Trump is officially inaugurated. Prosecutors also emphasized that Trump’s push to end the case was “particularly brazen,” given that his legal team had previously requested delays and adjournments in the sentencing process.
In their filing, prosecutors suggested several options for how to proceed with the case. One possibility is sentencing Trump after he leaves office, likely in 2029. This option would allow the legal process to continue without disrupting Trump’s duties as president. Another suggestion is for Judge Juan Merchan, who presided over the trial, to terminate the case without vacating Trump’s conviction. This would allow the jury’s verdict to stand while also acknowledging that the case could not be fully reviewed during Trump’s presidency due to his legal immunity.
“We are not seeking to dismiss the indictment,” said Assistant District Attorney Christopher Conroy in the filing. “The extreme remedy of dismissing the indictment and vacating the jury verdict is not warranted in light of multiple alternative accommodations that would fully address the concerns raised by presidential immunity.”
This case revolves around Trump’s involvement in a hush money payment made to adult film actress Stormy Daniels, which was allegedly meant to prevent her from publicly discussing an affair she claimed to have had with Trump. In the spring of 2023, a New York jury found Trump guilty on 34 felony counts of falsifying business records related to the payment. Trump was scheduled to be sentenced shortly afterward, but Judge Merchan delayed the proceedings indefinitely, partly due to the ongoing debate about Trump’s legal immunity as president-elect.
Bragg’s office has made it clear that while they are open to halting the case, they believe it should continue in some form. Prosecutors argue that even if Trump is temporarily shielded from legal proceedings due to his status as president-elect, his conviction should not be erased. “On the one hand, this remedy would prevent defendant from being burdened during his presidency by an ongoing criminal proceeding,” the brief stated. “On the other hand, this remedy would not precipitously discard aspects of this criminal proceeding that predated defendant’s presidency.”
Trump’s legal team, however, insists that the case should be dismissed entirely, arguing that the continuation of the prosecution interferes with his duties as president-elect. In a recent filing, Trump’s attorneys warned that they would appeal in federal court if the judge allowed the proceedings to continue. They argue that moving forward with the case would undermine Trump’s ability to govern effectively.
“Wrongly continuing proceedings in this failed lawfare case disrupts President Trump’s transition efforts and his preparations to wield the full Article II executive power authorized by the Constitution,” Trump’s attorneys wrote.
The legal battle over Trump’s hush money conviction is just one of several criminal cases he is facing. Other charges, including those in Georgia and federal cases overseen by Special Counsel Jack Smith, have also been complicated by Trump’s political status. In some cases, legal proceedings have been delayed or dismissed due to his presidential immunity. However, the hush money case stands out as the first-ever criminal prosecution of a former U.S. president, making it a landmark legal battle with significant political implications.
As the case progresses, much hinges on the decision of Judge Juan Merchan, who will soon rule on the next steps for the prosecution. His decision could determine whether Trump faces sentencing after his term in office or if the case is further delayed.
