New York prosecutors have firmly opposed any attempts to dismiss President-elect Donald Trump's hush money conviction. However, on Tuesday, they showed some openness towards delaying the sentencing until after his impending second term. In a court filing, the Manhattan district attorney's office emphasized that Trump's forthcoming presidency is not a valid reason to drop a case that has already been tried. But they also recognized the need to balance competing constitutional interests and suggested considering the possibility of freezing the case until he leaves office.

The Battle over Trump's Hush Money Conviction

Background of the Conviction

In May, the former and future president was convicted of falsifying business records to cover up a scheme to influence the 2016 election by paying hush money to suppress a story of extramarital sex. Trump vehemently denies these allegations. The payment of $130,000 to porn actor Stormy Daniels was made shortly before the 2016 election. Trump claims they did not have sex and insists on his innocence. Prosecutors presented the payout as part of a Trump-driven effort to keep voters from hearing salacious stories about him. Trump's then-lawyer, Michael Cohen, made the payment, and Trump later reimbursed him, with the reimbursements being logged as legal expenses by Trump's company, concealing their true nature.

Legal Proceedings and Delays

The sentencing for Trump's conviction was initially set for Nov. 26. But after his election win this month, his lawyers urged Judge Juan M. Merchan to dismiss the case, arguing that it was necessary to facilitate the orderly transition of executive power and in the interests of justice. The judge gave prosecutors until Tuesday to provide their input. Manhattan prosecutors acknowledged the demands and obligations of the presidency and realized that Trump's return to the White House would raise unprecedented legal questions. They also emphasized their respect for the jury's fundamental role in the constitutional system. No decision has been made yet, and the judge has not stated when he will rule.

Impact and Possible Outcomes

A dismissal of the case would erase Trump's historic conviction, sparing him from having a criminal record and potentially avoiding a prison sentence. The judge could also decide to delay the case for another period, wait for a federal appeals court to rule on Trump's parallel effort to move the case out of state court, or choose other options. If the verdict stands and the case proceeds to sentencing, Trump's punishments could range from a fine or probation to up to four years in prison, although it is unlikely he would serve time for a first-time conviction involving low-tier felonies.Some of Trump's supporters have embraced his conviction, with some even attending campaign rallies wearing T-shirts with slogans like "Free Trump" and "I'm Voting For the Convicted Felon." Since it is a state case, Trump would not be able to pardon himself once he returns to office, as presidential pardons only apply to federal crimes.The hush money case was the only one of Trump's four criminal indictments to go to trial. Special counsel Jack Smith is taking steps to wind down his two federal cases against the president-elect, one related to his efforts to overturn the 2020 election loss and the other on allegations of hoarding classified documents at his Mar-a-Lago estate. A separate state election interference case in Fulton County, Georgia, is largely on hold. Trump has decried the hush money verdict as a "rigged, disgraceful" result and has claimed that the case was part of a Democrat-led "witch hunt" to harm his presidential campaign without any evidence.