Prosecutors who managed to secure Donald Trump's conviction regarding a hush money payment to a porn star have taken a stance against his expressed desire to have the case dismissed now that he is president-elect. They have asked a judge to establish a schedule for litigating the matter. Trump, who is 78 years old, was initially scheduled to be sentenced on November 26, but New York State Supreme Court Justice Juan Merchan paused all proceedings at the request of Manhattan District Attorney Alvin Bragg's office last week.

Prosecutors' Stance and Request

The prosecutors have indicated that they would be willing to accept a delay but have urged Merchan to set a deadline for Trump to formally seek dismissal of the case. They have suggested that they should then be given until December 9 to oppose Trump's bid. Additionally, they have emphasized the need to consider deferring all proceedings until after Trump completes his four-year presidential term, which begins on January 20, although they have not explicitly endorsed this option.

Trump's Campaign's Response

Steven Cheung, a spokesperson for Trump's campaign, in a statement called Bragg's position "a total and definitive victory" for Trump. This shows Trump's team's perception of the situation and their attempt to spin it in their favor.

Background of the Case

The Republican Trump was convicted in May for falsifying business records to cover up a $130,000 payment made by his former lawyer Michael Cohen to adult film actress Stormy Daniels. She had remained silent about a sexual encounter she claims to have had with Trump before the 2016 election, and Trump denies this encounter. This was the first time a former or sitting U.S. president had been convicted or charged with a criminal offense. The prosecutors had previously asked for more time to consider the next steps in the case, citing the need to balance the "competing interests" between moving forward with the criminal case and protecting the office of the president.

Defense Lawyers' Arguments

Trump's defense lawyers have strongly urged Merchan to dismiss the case, arguing that having it hanging over him while he was president would create what they consider "unconstitutional impediments" to his ability to govern. They have also argued that his conviction should be vacated and the charges dismissed due to the U.S. Supreme Court's ruling in July, which states that presidents cannot be prosecuted for their official acts and that evidence of their official acts cannot be used in trials related to personal behavior. Bragg's office has maintained that its case pertains solely to personal conduct.

Implications of Trump's Election Victory

Trump's victory over Democratic Vice President Kamala Harris in the November 5 election has made the prospect of imposing a sentence of jail or probation even more politically challenging and impractical. Given that a sentence could have affected his ability to carry out the duties of the presidency, this has added another layer of complexity to the situation. Trump was also charged in three additional state and federal cases in 2023. A Florida-based federal judge dismissed the documents case in July. The Justice Department is currently evaluating how to wind down the federal election-related case. Trump also faces state criminal charges in Georgia over his efforts to overturn his 2020 election loss, but the case remains unresolved. As president, Trump would have no power to shut down the New York or Georgia cases as they were filed in state courts. His Justice Department may choose to close the federal cases.