December 11th 2024.
The legal battle surrounding President-elect Donald Trump's hush money case took an interesting turn as prosecutors from the Manhattan District Attorney's office presented their arguments in court on Dec. 10. While they were open to ending the case, they were not willing to completely dismiss Trump's conviction.
According to The Associated Press, the prosecutors offered Judge Juan M. Merchan a list of options to keep Trump's conviction on record. These options included treating Trump as if he had passed away, which would freeze the case and prevent any appeals. However, it is still unclear whether this option is allowed under New York state law.
The court filing stated, "As applied here, this Court could similarly terminate the criminal proceeding by placing a notation in the record that the jury verdict removed the presumption of innocence; that defendant was never sentenced; and that his conviction was neither affirmed nor reversed on appeal because of presidential immunity." The prosecutors' main argument is that being the President-elect does not provide immunity from the consequences of felony convictions. On the other hand, Trump's lawyers are pushing for a dismissal of the case due to his election victory.
The prosecutors for the office of Manhattan District Attorney Alvin Bragg wrote, "This Court should reject [Trump's] motion to 'immediately' dismiss the indictment and vacate the jury's guilty verdict based on the outcome of the recent presidential election. There are no grounds for such relief now, prior to the defendant's inauguration, because President-elect immunity does not exist." They also referenced President Joe Biden's recent pardon of his son, Hunter Biden, as an example of how immunity does not extend to family members.
The ruling date for Judge Merchan is still unknown, but Trump's inauguration on Jan. 20 is fast approaching. Originally, Trump was set to be sentenced in November, but Merchan postponed it indefinitely after Trump's election defeat of Vice President Kamala Harris. This was to allow both legal teams to present their arguments on how to proceed. If the case is dismissed, it would invalidate Trump's historic conviction and spare him a potential prison sentence.
The conviction and subsequent election of Trump not only made him the first former president to be convicted of a crime but also the first criminal to be elected president. Judge Merchan has the option to delay the trial until Trump's term in office is over or to wait for the outcome of a federal appeals court case that Trump's lawyers are pursuing to move the trial out of New York state court. Alternatively, he could choose a different course of action altogether.
According to CBS News, the prosecutors do not want Trump's alleged presidential immunity to extend to his current status as the president-elect. They stated, "[Trump's] suggestion that his subsequent election 'superseded' the jury's verdict is deeply misguided. As this Court carefully and correctly instructed the jury, it was the empaneled jurors who were 'deciding whether the Defendant is guilty or not guilty' because only these jurors - not the general electorate - heard all the evidence in this trial." They also argued that this case is unique and should not be resolved with a novel remedy.
Trump has maintained his innocence and promised to appeal the conviction when given the opportunity. Another case involving election interference, being prosecuted by Georgia District Attorney Fani Willis' office, is currently in limbo. Trump has requested its dismissal from the Georgia Court of Appeals.
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