Prosecutors Argue Hush Money Judge Should Preserve Trump's Historic Conviction

Manhattan District Attorney Alvin Bragg's office outlined options for handling President-elect Donald Trump’s hush money case post-conviction, balancing legal principles and presidential immunity.

Trump was found guilty in May on 34 counts related to falsified business records stemming from a $130,000 hush money payment to Stormy Daniels. However, his sentencing was delayed multiple times, initially due to a Supreme Court ruling on presidential immunity, and later postponed indefinitely after his reelection.

In a court filing Tuesday, prosecutors proposed several paths forward to New York State Supreme Court Judge Juan Merchan. These included freezing the case during Trump’s presidency or removing jail time as a sentencing option. They also strongly opposed Trump’s legal team’s push to dismiss the case, arguing that presidential immunity only applies after inauguration and does not extend to non-official conduct like the hush money payments.

Prosecutors emphasized that the Supreme Court’s recent ruling on immunity for official acts does not apply to this case, which involves personal and unofficial actions. Merchan has yet to decide on Trump’s request to dismiss the case on immunity grounds.

The trial revealed a scheme in which Trump reimbursed his then-lawyer Michael Cohen for the hush money, resulting in falsified records. Trump, who pleaded not guilty and denies an affair with Daniels, could face up to four years in prison but is unlikely to serve time due to his lack of prior criminal history.

Prosecutors suggested pausing the case until Trump leaves office in 2029 or, alternatively, noting the jury’s verdict without sentencing, akin to cases where a convicted individual dies before sentencing. This approach would indicate Trump’s conviction while recognizing the limits imposed by his immunity as president.

If concerns about potential interference with Trump’s presidency persist, prosecutors suggested eliminating jail as an option entirely, ensuring proceedings do not impede his ability to serve.

Trump’s spokesperson, Steven Cheung, condemned the 82-page filing as a “pathetic attempt to salvage an unconstitutional and politically motivated hoax,” insisting the case should be dismissed as required by the Constitution.