Republican presidential nominee and former U.S. President Donald Trump gestures as he speaks during a press conference at Trump Tower in New York City, U.S., September 6, 2024. REUTERS/David Dee Delgado/File Photo

Trump’s Criminal Case: Status and Next Steps Post-Election

As President-elect Donald Trump prepares for his inauguration, New York prosecutors are weighing how to proceed with his ongoing criminal case. Below is an overview of the case’s current status and the potential paths forward.

Current Status of the Case

Donald Trump, 78, was convicted in May of falsifying business records in connection with a $130,000 hush money payment to adult film actress Stormy Daniels. The payment was allegedly made through Trump’s former lawyer, Michael Cohen, to secure Daniels’ silence about an alleged sexual encounter with Trump before the 2016 election. Trump denies the encounter.

Originally, Trump was scheduled to be sentenced on November 26, but Justice Juan Merchan paused proceedings at the request of Manhattan District Attorney Alvin Bragg. Prosecutors cited the need to balance the criminal case with the considerations of Trump’s upcoming presidency. Prosecutors are expected to outline their proposed next steps on Tuesday.

Options Available to Prosecutors

Delaying Sentencing

Prosecutors may ask for sentencing to be postponed indefinitely or delayed until Trump has exhausted all appeals, a process that could take years. Legal experts suggest this approach could help avoid exacerbating an already charged political climate.

Rebecca Roiphe, a former Manhattan prosecutor, remarked, “That would throw a grenade in an already highly charged political situation.”

Sentencing with Minimal or No Punishment

If sentencing proceeds, prosecutors may recommend no custodial or probationary sentence, opting instead for an unconditional discharge, which would effectively mean no punishment.

Joshua Naftalis, a former federal prosecutor, noted, “They made it very clear they were not treating him any differently from a normal citizen… but the posture has changed now. He’s the president-elect.”

Trump’s Defense Strategy

Trump’s defense lawyers maintain that the case is politically motivated, with Trump himself labeling it an attempt by Bragg, a Democrat, to interfere with his political career.

The defense has argued for the case’s dismissal, asserting that the looming proceedings could create unconstitutional barriers to Trump’s ability to govern. If the case moves forward, Trump’s legal team is expected to appeal any unfavorable rulings vigorously.

Presidential Immunity and Legal Complexities

Trump’s lawyers have previously invoked presidential immunity, citing a U.S. Supreme Court ruling that presidents cannot be prosecuted for official acts or have evidence of those acts used in unrelated trials.

The Manhattan District Attorney’s office contends that the charges against Trump pertain strictly to personal conduct, unrelated to his official duties. Justice Merchan has yet to rule on whether presidential immunity applies, having delayed a decision after prosecutors sought more time to deliberate.