US Election 2024

Bragg pitches post-presidency Trump sentencing in renewed push urging Judge Merchan to keep conviction alive

If you have reached your maximum number of articles on Fox News and want to continue reading, you can log in or create a free account to access more content. By entering your email and agreeing to Fox News’ Terms of Use and Privacy Policy, you can continue reading the latest news updates. Manhattan District Attorney Alvin Bragg’s office recently filed a legal brief urging Justice Juan Merchan not to dismiss President-elect Donald Trump’s guilty verdict in the Manhattan criminal case. The filing offers alternative options to keep the case on hold until after Trump’s second administration.

The court filing from Bragg’s office stated, “President-elect immunity does not exist. And even after the inauguration, defendant’s temporary immunity as the sitting President will still not justify the extreme remedy of discarding the jury’s unanimous guilty verdict and wiping out the already-completed phases of this criminal proceeding.” Trump was found guilty of 34 counts of falsifying business records in the Manhattan case in May. The case alleged that Trump falsified business records to conceal a $130,000 payment to former porn star Stormy Daniels before the 2016 election to silence her claims of an alleged affair with Trump in 2006.

Despite maintaining his innocence, Trump has criticized the case as a form of lawfare orchestrated by Democrats to undermine his election campaign. Trump’s sentencing in the case has been delayed multiple times. His lawyers requested Merchan to overturn the guilty verdict following a Supreme Court ruling that former presidents have immunity from prosecution for official acts, but not for unofficial acts. Merchan has yet to make a ruling on the immunity argument.

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In its Tuesday filing, Bragg’s office acknowledged that Trump cannot be sentenced as president but suggested that Merchan could defer the sentencing until after Trump’s second term ends in 2029. The DA’s office proposed various options to keep the case on hold while respecting the rule of law and upholding the criminal process that has already taken place.

The filing also mentioned the possibility of using a legal procedure called abatement, which halts court proceedings when a defendant dies after conviction but before sentencing. Trump spokesperson Steven Chueng criticized the filing as a “pathetic attempt to salvage the remains of an unconstitutional and politically motivated hoax.”

Following Trump’s victory over Vice President Kamala Harris, Trump officials expressed confidence that the case would be dismissed. They viewed the request for a stay until 2029 as a sign that the case was effectively over. Prosecutors’ efforts to continue the case were seen as a way to save face.

In conclusion, the legal battle surrounding Trump’s guilty verdict in the Manhattan criminal case continues to unfold as both sides present their arguments. The future of the case remains uncertain, with the possibility of further delays or alternative legal maneuvers to keep the proceedings on hold.

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