Prosecutors in Donald Trump’s criminal hush-money case in Manhattan are expected to file paperwork Tuesday detailing how they believe the case should proceed in light of the election.
The expected filing comes a week after Judge Juan Merchan postponed ruling on Trump’s presidential immunity bid. Merchan’s postponement followed filings from the prosecution and defense seeking a delay in the proceedings following Trump’s victory.
The filing this week would come in the wake of several postponements of Trump’s sentencing in his case at the state level. On May 30, Trump was found guilty of 34 felonies for falsifying corporate records in a plot to influence the 2016 election.
This verdict seemed about to deal a potentially fatal blow to Trump’s campaign as the then presumptive Republican presidential nominee. The campaign of Joe Biden, who was running for re-election at the time, noted in an email that “no one is above the law” shortly after the jury’s decision.
Indeed, the criminal case against Trump portrayed him as a man who appeared to lack the moral character required for office. The prosecutor said Trump falsely recorded reimbursements to his then-attorney Michael Cohen for a $130,000 payment to adult film star Stormy Daniels so she would keep quiet about an alleged sexual encounter with Trump as “legal fees.”
Prosecutors told jurors that these false statements were written to mask Trump’s violation of New York election law, which makes it criminal to illegally promote the election of anyone to office.
Jurors were told that these illegal means were the $130,000 payout to Daniels. The money, they alleged, was an illegal campaign contribution because it was paid to boost Trump’s 2016 bid — exceeding the $2,700 individual contribution limit.
Trump’s poll numbers held up throughout the trial, and he did not lose support despite being the first US president – former or sitting – to not only be tried criminally, but also found guilty of a crime. He was chosen as the Republican presidential candidate and defeated Kamala Harris in the race for president on November 5.
The original date of Trump’s sentencing was July 10. These proceedings were postponed following the July 1 U.S. Supreme Court ruling, which granted sitting presidents broad immunity for official actions taken while in office.
Trump’s team pushed Merchan to delay his sentencing after the Supreme Court’s decision. Trump also sought to challenge his conviction, taking note of the Supreme Court’s ruling.
Merchan agreed to consider the legal issues and postponed sentencing until September 18 “if that is still necessary.” In August, Trump’s lawyers asked for additional time, arguing they needed it to potentially appeal Merchan’s ruling.
On September 6, Merchan pushed back Trump’s sentencing again to November 26 – weeks after Election Day – writing that the situation was “full of complexities.” The delay, Merchan said, was intended to “avoid any appearance – however unfounded – that the proceedings have been influenced by or seek to influence the impending presidential elections in which the suspect is a candidate.”
The prosecutor sent an email to Merchan on November 10, noting that Trump’s lawyers had asked to agree to a delay to “consider a number of arguments based on the impact on this proceeding of the presidential election results ; Defendant’s upcoming certification as President-elect on January 6, 2025; and its inauguration on January 20, 2025.”
“The people agree that these are unprecedented circumstances and that the arguments put forward by the defense in correspondence with the people on Friday should be carefully considered to ensure that any further steps in these proceedings appropriately address the conflicting balancing interests of (1) a jury verdict of guilt after trial that has a presumption of regularity; and (2) the office of the President,” the plaintiffs said in their letter.
Prosecutors asked Merchan to give them time to “assess recent developments” and give them until Nov. 19 to outline what they believe are “appropriate steps moving forward.” Prosecutors said they had spoken to Trump’s team and agreed to the request.
On the weekend of the prosecutors’ filing, Trump’s lawyers argued there were “strong reasons for the requested delay and ultimately the dismissal of the case in the interests of justice.”
Trump’s victory has thwarted his other criminal cases, including those involving federal election interference and classified documents. Georgia’s state-level election case has been put on hold pending appeal following news that Fulton District Attorney Fani Willis had hired a man she had an affair with as a prosecutor.
