'President-elect immunity doesn't exist': NY prosecutors on Trump's criminal conviction
New York prosecutors have argued that President-elect Donald Trump's criminal conviction should remain valid even if he returns to the White House. They argue that his election victory doesn't invalidate the jury's verdict, which found him guilty of dozens of felonies in May. "There are no grounds for such relief now, prior to defendant's inauguration, because President-elect immunity does not exist," said the Manhattan District Attorney Alvin Bragg's office in response to Trump's motion to dismiss the indictment.
Prosecutors reject claim of election superseding jury's verdict
Trump's defense lawyers had sought to dismiss the indictment after his election victory in November in the "hush money" case, claiming it would be unconstitutional for an incoming president to carry a pre-election guilty verdict. They also implied political motivation behind Trump's prosecution, comparing it with Hunter Biden's controversial pardon. However, prosecutors dismissed these arguments, saying, "[Trump's] suggestion that his subsequent election 'superseded' the jury's verdict is deeply misguided."
Trump's sentencing delayed, prosecutors open to postponement
Trump's sentencing has been postponed thrice since his May conviction on 34 counts of falsifying business records in relation to a "hush money" payment coverup. The first sentencing date was July 11 but was delayed due to a separate motion after a Supreme Court ruling on former presidents' charges. The court had ruled that former presidents could not be prosecuted with official acts, and that evidence from their official activities as president could not be used against them.
Prosecutors suggest case termination with non-dismissal notation
After Trump's election win, his lawyers sought another delay for a new dismissal motion based on his White House return. Bragg's office even stated that it would be willing to postpone sentencing and other proceedings until after Trump's term in office. They also suggested ending the case with "with a notation that the jury verdict has not been vacated and the indictment has not been dismissed," which they recognized is commonly used when defendants die before case proceedings are completed.