Bragg hints at suspending Trump’s hush money conviction

THE CENTER SQUARE– Manhattan District Attorney Alvin Bragg said Tuesday that his office will oppose President-elect Donald Trump’s motion to dismiss his felony conviction in New York.

Bragg said that despite plans to resist Trump’s motionhis office would agree to pause the proceedings pending the judge’s decision on Trump’s dismissal request. Bragg also suggested the case could wait until Trump finishes his term in the White House.

“No current law provides that a President’s temporary immunity from prosecution requires the dismissal of post-trial criminal proceedings initiated at a time when the suspect was not immune from criminal prosecution and based on unofficial conduct for which the suspect is also not immune. immune,” Bragg wrote in a letter to Judge Juan Merchan. “Rather, existing law suggests that the court must balance competing constitutional interests and proceed ‘in a manner that preserves both the independence of the executive branch and the integrity of the criminal justice system.’”

A jury was held in Manhattan at the end of May condemned Trump on all counts in his ‘hush money’ case. Trump was convicted of 34 counts of falsifying business records ahead of the 2016 election for disguising hush money payments to an adult film actress as legal fees. Under New York state law, falsifying business records in the first degree is a Class E felony with a maximum penalty of four years in prison.

Trump and his lawyers want the judge to dismiss the case based on the immunity decision of the US Supreme Court. In July, the U.S. Supreme Court ruled that presidents and former presidents have done so absolute immunity for actions related to core constitutional powers and presumptive immunity from official actions. According to the ruling, the president has no immunity for unofficial conduct.

Bragg said Tuesday that the case could be put on hold until the end of Trump’s second term. Trump defeated Vice President Kamala Harris in the two-way race for the White House. He will be inaugurated on January 20, 2025.

“Given the need to balance competing constitutional interests, consideration should be given to various non-dismissal options that could address the concerns raised by proponents of post-trial criminal proceedings during the presidency, such as postponing all remaining criminal proceedings until after the presidency. the end of defendant’s upcoming presidential term,” Bragg wrote.

Originally published by The Center Square.