Prosecutors Support Delaying Trump's Sentence Until After Presidential Term

As Donald Trump prepares for his inauguration, prosecutors have proposed delaying his sentencing from a recent criminal conviction until after he finishes his term in office, despite opposing his claim of presidential immunity.

New York prosecutors have signaled their willingness to defer Donald Trump’s sentencing following his recent criminal conviction until after he serves his presidential term. Despite opposing Trump's efforts to overturn his conviction related to falsifying business records, they believe it may be prudent to wait until he is scheduled to leave the White House in 2029.

The Manhattan district attorney’s office has urged Justice Juan Merchan to explore options other than dismissing the case, suggesting a new deadline of December 9 for both parties to present their positions and file additional motions. While Trump's sentencing is currently slated for November 26, there is a likelihood of further delays.

In May, Trump was convicted on 34 counts of falsifying business records linked to an alleged cover-up of a potential sex scandal during the approach to his first presidential victory in 2016. However, a recent Supreme Court ruling granted sitting presidents some immunity from criminal prosecution for actions undertaken as part of their official roles.

Trump's legal team seeks to have the conviction overturned referencing this presidential immunity, emphasizing the impending onset of his new term as president. Yet, prosecutors argue that the events leading to the conviction do not pertain to official presidential duties and occurred prior to the Supreme Court's summer ruling, which provided broader protections for presidents.

They argued on Tuesday that the balance of constitutional interests should be maintained and proposed that all remaining criminal proceedings be deferred until after Trump's term concludes. Legal expert and former prosecutor Mitchell Epner noted that while the conviction should remain intact, actions might be deferred until Trump exits office.

With Trump's inauguration just weeks away, legal motions must be resolved promptly. The New York case is the only one of Trump's four criminal prosecutions that has resulted in a trial and guilty verdict, putting the next steps in suspense as Trump gears up for the White House. Spokesman Steven Cheung, meanwhile, has declared the situation a "total and definitive victory."

Former prosecutor Diana Florence shared skepticism regarding his sentencing happening on the originally scheduled date, suggesting the likelihood of delays is high. There are various potential outcomes for sentencing ranging from fines and probation to a maximum of four years in prison, although experts believe Trump's legal burdens could end without significant consequences.

Trump was first charged in April 2023, with accusations related to a hush-money scheme tied to the 2016 presidential campaign. The details surrounding the case imply possible election interference, according to prosecutorial claims. Trump has consistently maintained his innocence, insisting the affair did not occur, labeling the charges as politically motivated. A jury of 12 New Yorkers ultimately deemed him guilty, but the ongoing legal complexities present uncertainty regarding the final resolution of his case in light of his forthcoming presidency.

The court has previously postponed decisions, allowing all parties to consider the remarkable implications of Trump's reelection. Contributions to this report were also made by Madeline Halpert.