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Bragg pitches post-presidency Trump sentencing in renewed push urging Judge Merchan to keep conviction alive

11 December 2024 at 07:53

Manhattan District Attorney Alvin Bragg’s office filed a legal brief calling on Justice Juan Merchan to not toss President-elect Donald Trump’s guilty verdict in the Manhattan criminal case, offering alternative options to keep the case on ice until after Trump's second administration. 

"President-elect immunity does not exist. And even after the inauguration, defendant’s temporary immunity as the sitting President will still not justify the extreme remedy of discarding the jury’s unanimous guilty verdict and wiping out the already-completed phases of this criminal proceeding," the Tuesday court filing from Bragg’s office states. 

​​Trump was found guilty of 34 counts of falsifying business records in the Manhattan case in May. Bragg's office worked to prove that Trump falsified business records to conceal a $130,000 payment to former porn star Stormy Daniels ahead of the 2016 election to quiet her claims of an alleged affair with Trump in 2006.

Trump has maintained his innocence in the case and repeatedly railed against it as an example of lawfare promoted by Democrats in an effort to hurt his election efforts ahead of November. 

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Trump’s sentencing in the case has been repeatedly delayed. Trump's lawyers had asked Merchan to overturn the former president’s guilty verdict after the Supreme Court ruled in July that former presidents have substantial immunity from prosecution for official acts in office, but not for unofficial acts. Merchan has not yet ruled on the immunity argument. 

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Bragg’s office acknowledged in its Tuesday filing that Trump cannot be sentenced as president but argued M​​erchan has various options to keep the case on ice until 2029 and sentence Trump following his second presidential administration. 

"[N]o principle of immunity precludes further proceedings before defendant’s inauguration. And even if judgment has not been entered at the time of defendant’s inauguration, there is no legal barrier to deferring sentencing until after defendant’s term of office concludes," the filing said.

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The DA’s office argued that a stay of proceedings in the case would exempt the former and upcoming president "from any immediate obligations in this case during his time in office, while at the same time respecting the public interest in upholding the rule of law and preserving the meaningful aspects of the criminal process that have already taken place." The DA's office had already called for a stay in the case following the election, with Tuesday's filing doubling down on that argument. 

"To be sure, the People do not dispute that presidential immunity requires accommodation during a President’s time in office. But the extreme remedy of dismissing the indictment and vacating the jury verdict is not warranted in light of multiple alternative accommodations that would fully address the concerns raised by presidential immunity," their filing said.

Trump spokesman Steven Chueng slammed the filing Tuesday as "a pathetic attempt to salvage the remains of an unconstitutional and politically motivated hoax."

"This lawless case should have never been brought, and the Constitution demands that it be immediately dismissed, as President Trump must be allowed to continue the Presidential Transition process, and execute the vital duties of the presidency, unobstructed by the remains of this, or any other, Witch Hunt. The sooner these cases end, the sooner our country can unite behind President Trump for the betterment of all Americans," Cheung said in a comment provided to Fox News Digital. 

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Bragg’s office also floated that Merchan could use a legal procedure known as abatement, which is a practice used in states such as Alabama when a defendant dies after a conviction, but before sentencing. In those cases, the state can preserve the conviction but halt other court proceedings. 

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Following Trump’s win over Vice President Kamala Harris last month, ​​Trump officials exclusively told Fox News Digital that the case was "effectively over" as Bragg requested a stay until 2029

"Prosecutors are trying to save face," a Trump official told Fox News Digital. "They know this case will soon be thrown out." 

Fox News Digital’s Brooke Singman contributed to this report. 

Trump judge still awaiting Manhattan DA's sentencing recommendation

19 November 2024 at 07:44

The Manhattan district attorney said a Bloomberg report on Tuesday morning claiming that Donald Trump's sentencing for 34 criminal charges had been "adjourned" was incorrect.

The wire was based on an automated schedule alert sent out by the court that stemmed from a court email from last week saying that all future dates had been stayed, according to the DA's office.

District Attorney Alvin Bragg is still slated to file a recommendation to Judge Juan Merchan on how to proceed. 

Merchan can move to either delay Trump's sentencing until after he leaves the White House, can dismiss the conviction outright, or can grant a sentence of unconditional discharge, which would leave the conviction intact but free Trump from any prison time, fines, or probation.

Trump was convicted in May by a Manhattan jury on 34 counts of falsifying business records, stemming from a case about payments made to porn star Stormy Daniels, which could have landed him a maximum sentence of up to four years in prison. 

But the presidential race — and Trump’s victory — had thrown the timeline for court proceedings into a fog of uncertainty.

Merchan granted a request from prosecutors earlier this month to stay all deadlines associated with the New York case, including a planned sentencing date of Nov. 26, in wake of Trump's election victory.

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"The People agree that these are unprecedented circumstances," prosecutor Matthew Colangelo said in their request, which he added  would allow for prosecutors to better evaluate the impact of his election as president.

Trump's attorneys, who have pushed to vacate the charges against him completely, also backed the stay. 

The U.S. Supreme Court ruled in July that presidents should enjoy presumptive immunity from criminal prosecution for most actions taken as president, further complicating the path forward in the New York case.

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The high court ruled that presidents are entitled to absolute immunity from any actions taken within the scope of "core constitutional powers" as commander-in-chief. 

A presumption of immunity also applies to other actions taken while holding office, they said.

It is not clear whether a president is to be afforded the same level of constitutional protection for state convictions, however, and the matter has never been tested in court.

Bragg's office has insisted its case is focused solely on Trump's personal behavior, not his actions as president. 

Trump, for his part, has repeatedly characterized the case as a politically motivated "witch hunt," a refrain frequently used by the president-elect in an attempt to discredit his critics, political opponents, and prosecutors at the state and federal level. 

Even if Trump’s convictions were to be upheld, the president-elect has myriad ways to appeal the case or get the charges against him dismissed before the Nov. 26 sentencing hearing — making it all but certain he will face no time behind bars.

EDITOR'S NOTE: This story has been updated to note that the Manhattan DA has confirmed the sentencing had not been adjourned.

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