U.S. Prosecutors Oppose Move To Dismiss President-Elect Trump’s Hush Money Conviction
Trump, convicted in May of falsifying business records tied to a hush money payment to Stormy Daniels, is scheduled for sentencing on 26 November.
U.S. President-elect Donald Trump’s sentencing on 34 felony counts remains uncertain as prosecutors propose delays.
Trump, convicted in May of falsifying business records tied to a hush money payment to Stormy Daniels, is scheduled for sentencing on 26 November.
However, his defence team has requested dismissal, citing presidential immunity, ABC News reports.
“To require President Trump to address further criminal proceedings at this point would not only violate the federal Constitution, but also disrupt the Presidential transition process,” wrote defence lawyers Todd Blanche and Emil Bove.
Prosecutors argued, “Presidential immunity would not apply to a defendant who had already been convicted for conduct that is entirely private.”
Acknowledging the “unprecedented legal questions” surrounding Trump’s election, they suggested deferring proceedings until after he leaves office in 2029.
“There is no material difference between President Trump’s current status… and that of a sitting President following inauguration,” Trump’s lawyers added.
In September, Judge Merchan granted a postponement of former President Trump’s sentencing on felony criminal charges, rescheduling the proceedings to November 26.
This ruling was issued following a request from Trump’s legal counsel to delay the originally scheduled September 18 sentencing.
Trump’s attorneys had filed a motion seeking a postponement until after the upcoming election, citing the need for additional time to prepare an appeal related to a pending ruling on presidential immunity.
That ruling was initially expected by September 16 – two days before what would have been the first ever sentencing of a former president on criminal charges.
Trump’s sentencing would have represented a watershed moment, as the first instance of a U.S. President being sentenced on criminal charges.
Trump’s conviction in May stemmed from 34 counts of falsifying business records, tied to allegations of illicit payments to adult film star Stormy Daniels during the 2016 presidential campaign.
Initially scheduled for July 11, Trump’s sentencing was first delayed when Judge Merchan acquiesced to a request from Trump’s legal counsel, granting them additional time to argue that the Supreme Court’s ruling should have a direct bearing on the outcome of their client’s case.
SaharaReporters earlier reported that the 34 counts stemmed from 11 invoices, 12 vouchers and 11 checks that make up Trump’s monthly reimbursement payments to Michael Cohen who fronted the $130,000 payment to adult film star Stormy Daniels.
The 12-person jury considered whether Trump was guilty of 34 counts of falsifying business records, which were all connected to the alleged cover-up of hush money payments to adult film star Stormy Daniels.
The former president pleaded not guilty to the charges in the case and denied the affair with Daniels.
At the heart of this case is a payment made days before Trump was elected president in 2016.
His attorney at the time, Michael Cohen, paid $130,000 to adult film star Stormy Daniels, whose real name is Stephanie Clifford, in exchange for her silence about an alleged affair. Trump has denied the allegation.
According to prosecutors, Cohen was reimbursed by Trump in 12 monthly payments from the Trump Organization that were logged and characterised as checks for ongoing legal services.
