President-elect Donald Trump attends a campaign event, in Allentown, Pennsylvania, U.S., October 29, 2024. REUTERS/Brendan McDermid/File Photo
Case Overview and Postponement of Sentencing
On Friday, New York Supreme Court Justice Juan Merchan ruled that former President Donald Trump may file a motion to dismiss the criminal case in which he was convicted in May on 34 felony counts of falsifying business records. The case centers on a $130,000 payment made to adult film actress Stormy Daniels in 2016. Trump denies the underlying allegations.
In light of Trump’s victory in the Nov. 5 U.S. presidential election, the judge also postponed the sentencing, which had been scheduled for next Tuesday. The timeline for further proceedings remains uncertain.
Prosecutorial Request for Delay
Manhattan District Attorney Alvin Bragg’s office requested this week that all proceedings in the case be deferred until after Trump completes his presidential term, which begins on Jan. 20. Trump’s legal team argued for the case’s dismissal, citing “unconstitutional impediments” that could interfere with his ability to govern as president.
The judge set a deadline of Dec. 2 for Trump to file his motion to dismiss and Dec. 9 for the prosecution to respond. However, no new sentencing date has been scheduled, nor has the judge indicated when a ruling on the dismissal motion might be made.
Background on the Conviction
The charges stem from payments made by Trump’s former lawyer Michael Cohen to Daniels to secure her silence before the 2016 election regarding an alleged decade-old affair with Trump, which he denies. A Manhattan jury found Trump guilty of falsifying records to cover up the reimbursement to Cohen.
This conviction marked the first time a sitting or former U.S. president was charged with or convicted of a criminal offense. Trump pleaded not guilty and has consistently described the case as a politically motivated effort to interfere with his presidential ambitions.
Potential Penalties and Political Implications
The falsification of business records is punishable by up to four years in prison. However, legal experts had previously suggested that fines or probation were more likely outcomes than imprisonment. With Trump now president-elect, imposing any sentence that could impede his presidential duties is seen as politically complex and practically unfeasible.
Trump campaign spokesman Steven Cheung issued a statement emphasizing that the American electorate had issued a “mandate” to return Trump to office and reject what he called politically motivated cases.
Other Legal Challenges Facing Trump
In addition to the hush money case, Trump was charged in three other cases in 2023, including one involving classified documents and two others related to attempts to overturn the 2020 election results. He pleaded not guilty in all cases.
- Classified Documents Case: A federal judge in Florida dismissed this case in July.
- Election-Related Federal Case: The Department of Justice is reportedly evaluating how to wind down this matter.
- Georgia State Charges: Trump also faces criminal charges in Georgia for alleged efforts to reverse the 2020 election results in that state. However, this case remains unresolved.
As president, Trump would not have the authority to terminate state cases filed in New York or Georgia but could influence federal cases through the Justice Department.
Administration Appointments and Future Outlook
Trump has nominated his defense lawyers in the hush money case, Todd Blanche and Emil Bove, for senior roles in the Justice Department. The case, now delayed indefinitely, highlights the ongoing legal and political challenges surrounding Trump as he prepares to assume the presidency in January.
COMMENTS