Prosecutors backtrack on delaying Trump’s sentencing until he leaves the White House

New York prosecutors have vowed to oppose President-elect Donald Trump’s attempt to overturn his criminal conviction, but expressed a willingness to hold off on sentencing him until he completes his upcoming presidency.

Prosecutors urged the judge overseeing Trump’s sentencing after his guilty verdict to consider options other than dismissal, including taking a break until the president-elect is scheduled to leave the White House in 2029.

The Manhattan district attorney’s office asked Judge Juan Merchan to set a new deadline of Dec. 9 for both sides to consider the case and file new motions.

Trump’s sentencing is scheduled for Nov. 26, but it could be delayed further.

In May Trump was convicted on 34 counts of falsifying business records stemming from an attempt to cover up a potential sex scandal ahead of his first presidential victory in 2016.

A few weeks later, however, the United States Supreme Court ruled in a separate case that presidents enjoy some immunity from criminal prosecution for “official acts.”

Trump’s lawyers wants a judge to overturn his conviction in New York because of the immunity of the President and because of his impending term in the White House.

But prosecutors argued Tuesday that the issues at the center of their case had nothing to do with official presidential duties.

They emphasized that the trial and conviction took place before the US Supreme Court ruled this summer that presidents have broad immunity from criminal prosecution.

However, they acknowledged Justice Merchan’s “need to balance competing constitutional interests”.

They asked the judge to consider “non-dismissal options” that could include “postponing all remaining criminal cases until after the end of the defendant’s upcoming presidential term”.

“The DA says the court should delay sentencing until Trump has left the White House,” said New York attorney and former prosecutor Mitchell Epner. “Don’t pass judgment – but don’t do anything until Trump leaves office.”

With Trump’s inauguration just weeks away, there was little time left on the calendar for another round of proposals and briefs, Mr. Opener. The case will anyway be put on hold after January 20, when Trump takes the oath of office, he said.

Of the four criminal prosecutions against Trump, the New York case was the only one that went to trial and reached a guilty verdict.

But the final outcome is now uncertain as Trump prepares to take the White House next January.

Nevertheless, Trump spokesman Steven Cheung — who has been tapped to serve as White House communications director — declared “total and definitive victory.”

However, Justice Merchan has not yet ruled on the matter.

Former Manhattan prosecutor Diana Florence said this request makes it doubtful that Trump will be sentenced at the scheduled Nov. 26 hearing, as the judge is likely to accept the prosecutors’ motion.

“I think there is less than half a percent chance that he will be sentenced next week,” she said.

The judge has a range of options for Trump’s sentence, from fines and probation up to four years in prison – although legal experts say the president-elect could avoid any legal punishment.

Manhattan District Attorney Alvin Bragg first charged Trump with falsifying business records in April 2023, accusing the president-elect of a hush-money scheme in the waning days of the 2016 presidential campaign.

Prosecutors said Trump tried to hide payments to his personal lawyer who had paid an adult film star with whom Trump allegedly had an affair. Because of the scheme’s proximity to the election, they argued that it constituted election interference.

Trump has maintained his innocence, denied the affair ever took place and claimed the case was a form of political persecution.

But in May, a jury of 12 New Yorkers came found the newly elected president guilty.

Trump’s sentencing was delayed several times. The court agreed to delay any decision until today while all parties sorted out the historic implications of his re-election.

Madeline Halpert contributed to this report.