New York Prosecutors and Trump's Hush Money Conviction

Nov 19, 2024 at 7:53 PM
New York prosecutors have taken a firm stance against any attempts to dismiss President-elect Donald Trump's hush money conviction. However, they have shown some flexibility by expressing openness to delaying the sentencing until after his second term. This decision has sparked significant legal and political discussions.

Prosecutors' Stance

In a court filing on Tuesday, the Manhattan district attorney's office made it clear that Trump's forthcoming presidency does not provide grounds for dropping a case that has already been tried. They emphasized the need to balance competing constitutional interests and suggested considering the possibility of freezing the case until after he leaves office. This move highlights the complex legal and political dynamics surrounding the case.The former and future president was convicted in May for falsifying business records to cover up a scheme to influence the 2016 election through hush money payments. Trump has denied the allegations, and his legal team has been working to have the case dismissed. After his election win this month, his lawyers urged Judge Juan M. Merchan to throw out the case, arguing that it is necessary for the orderly transition of executive power and in the interests of justice.Merchan gave prosecutors until Tuesday to provide their input on how to proceed. This has led to a tense legal battle as both sides present their arguments and considerations.

Legal Perspectives

VOA's Kim Lewis spoke with Claire Finkelstein, a law professor at the University of Pennsylvania, about Trump's case. Finkelstein believes that a suspended sentence for Trump would not hinder his ability to carry out his constitutional duties as president. After his term ends, she argues, Trump could then serve his time. She also pointed out that a sentence for a president would only be an issue if it were to be carried out while he is in office.Manhattan prosecutors, in their Tuesday filing, expressed their awareness of the demands and obligations of the presidency. They realize that Trump's return to the White House will raise unprecedented legal questions and deeply respect the fundamental role of the jury in the constitutional system.

Potential Outcomes

No decision has been made yet, and Judge Merchan has not indicated when he will rule. Trump's spokesperson and incoming White House communications director, Steven Cheung, has cast Tuesday's filing from prosecutors as a "total and definitive victory" for President Trump. He believes that the legal team is moving to get the case dismissed once and for all.A dismissal of the case would erase Trump's historic conviction and spare him from the burden of a criminal record and a possible prison sentence. However, Merchan could also decide to delay the case for another period of time, wait for a federal appeals court to rule on Trump's parallel effort to move the case out of state court, or choose another option.The conviction on 34 counts of falsifying business records to conceal a $130,000 hush money payment to porn actor Stormy Daniels has been a controversial issue. Trump has maintained that they did not have sex and denies any wrongdoing. The legal battle continues to unfold, with significant implications for both Trump and the legal system.