Trump Hush Money Conviction Must Stand Despite Election Win
NEW YORK (Reuters) – Prosecutors in Manhattan have argued that Donald Trump’s criminal conviction, tied to hush money payments made to a porn star, should remain intact despite his recent victory in the November 5 U.S. presidential election.
In a court filing made public on Tuesday, Manhattan District Attorney Alvin Bragg’s office contended that the jury’s verdict should stand.
While acknowledging the unique challenges posed by Trump’s return to the presidency, prosecutors proposed “temporary accommodations” to ensure the legal proceedings do not disrupt his ability to fulfill presidential duties. However, they firmly opposed dismissing the case altogether, labeling such a move an “extreme remedy.”
The filing underscores the legal complexities surrounding Trump’s dual roles as a criminal defendant and the incoming U.S. president.
“President-elect immunity does not exist,” prosecutors argued in their response, emphasizing the necessity of holding all individuals accountable under the law.
They pointed to the “overwhelming evidence of the defendant’s guilt” and the need to maintain public confidence in the criminal justice system, stating these factors strongly oppose any dismissal of the charges.
Judge Juan Merchan has yet to announce when he will rule on Trump’s request to have the charges dismissed.
Trump’s legal team has pushed for the case to be thrown out, arguing last week that allowing the legal proceedings to continue after he assumes office on January 20 would unfairly hinder his ability to govern. They framed the ongoing case as a substantial obstacle to his duties as president.
The charges stem from a $130,000 payment made by Trump’s former attorney, Michael Cohen, to adult film actress Stormy Daniels. The payment was allegedly intended to buy her silence before the 2016 election regarding a sexual encounter she claimed to have had with Trump over a decade earlier—an allegation Trump has denied.
In May, a Manhattan jury found Trump guilty of 34 counts of falsifying business records in connection to his reimbursement of Cohen for the payment. The historic conviction marked the first time a sitting or former U.S. president faced criminal charges or was found guilty of a criminal offense.
Last month, Judge Juan Merchan postponed the sentencing of Donald Trump, originally scheduled for November 26, granting Trump additional time to file a motion for dismissal.
Manhattan District Attorney Alvin Bragg’s office proposed delaying all proceedings in the case until 2029, when Trump, now 78, would potentially finish a second term in the White House.
This suggestion was sharply criticized by Trump’s legal team. In their motion to dismiss, they labeled the proposal “ridiculous,” pointing out that such a delay would push the sentencing to more than a decade after the investigation began in 2018.
Trump has faced legal challenges on multiple fronts. In 2023, he was charged in three other state and federal cases. These included allegations of mishandling classified documents after leaving office and two cases centered on his efforts to overturn the results of the 2020 presidential election.
In all three cases, Trump pleaded not guilty. However, following his election victory, the Justice Department moved to dismiss the two federal cases against him.