Prosecutors ask to delay Donald Trump hush money sentencing, but oppose case dismissal

Prosecutors advised a New York judge on Tuesday to delay President-elect Donald Trump's criminal sentencing in his hush money case following the November election, but said they will still fight against Trump's efforts to get the case dismissed.

Judge Juan Merchan already put the Nov. 26 sentencing date and other deadlines in the case on hold at the joint request of prosecutors and Trump's legal defense team earlier this month. In its Tuesday filing, Manhattan District Attorney Alvin Bragg's office raised the question of whether any sentencing would now be appropriate before Trump's next presidency ends.

"Given the need to balance competing constitutional interests, consideration must be given to various non-dismissal options ... such as deferral of all remaining criminal proceedings until after the end of (Trump's) upcoming presidential term," the office said.

The office recommended Merchan set a schedule for Trump to file a formal request to have the case dismissed, and allow prosecutors to respond by Dec. 9. It said it plans to oppose Trump's request, and that other proceedings in the case should be adjourned until the request is dealt with.

"The People deeply respect the Office of the President, are mindful of the demands and obligations of the presidency, and acknowledge that (Trump's) inauguration will raise unprecedented legal questions," according to the filing.

"We also deeply respect the fundamental role of the jury in our constitutional system," prosecutors added.

Trump was convicted May 30 on 34 felony counts of falsifying business records to cover up a hush money payment to porn star Stormy Daniels ahead of the 2016 election.

In a statement to USA TODAY, Trump spokesperson Steven Cheung described the prosecution's filing as "a total and definitive victory for President Trump and the American people who elected him."

"The Manhattan DA has conceded that this Witch Hunt cannot continue. The lawless case is now stayed, and President Trump's legal team is moving to get it dismissed once and for all," Cheung said.

Bragg's office didn't immediately respond to a request for comment beyond the filing.

Prosecutors say integrity of justice system is at stake

Before pausing deadlines in the case, Merchan was scheduled to issue a ruling on Nov. 12 on whether Trump's Nov. 26 sentencing could go forward in light of the Supreme Court's presidential immunity ruling. Trump has argued that evidence presented in the case violated that ruling, which was issued after his convictions. He wants both the convictions and the indictment tossed out.

In a Nov. 10 email to Merchan, Trump lawyer Emil Bove wrote that the case should now be dismissed not just because of the Supreme Court's ruling, but also based on the Presidential Transition Act of 1963, which authorizes funding and support for the presidential transition process.

"The (freeze to the case), and dismissal, are necessary to avoid unconstitutional impediments to President Trump's ability to govern," Bove wrote.

Prosecutors said Tuesday that they don't plan to fight Trump's expected request to freeze case proceedings at least until questions about the case's dismissal are addressed. An appeals court would probably freeze proceedings anyway, they said.

Prosecutors also gave a hint of how they will fight Trump's efforts to get the case thrown out. They characterized a sitting president's immunity from prosecution as "temporary," and said the integrity of the criminal justice system ? not just concerns for the presidency ? is at stake.

"Indeed, one corollary of the temporary nature of presidential immunity is that immunity should not lead to consequences that 'forever (thwart) the public's interest in enforcing its criminal laws,'" they said, quoting from a 2000 Justice Department memo.

Where do Trump criminal cases stand?

Trump's election victory has provided a major boon to him when it comes to his criminal cases.

Since Nov. 6, the Department of Justice has been weighing how to wind down Trump's two federal criminal cases, one dealing with Trump's handling of classified documents and another alleging he unlawfully interfered in the 2020 election. A 2000 department memo argues that prosecuting a sitting president "would unduly interfere with the ability of the executive branch to perform its constitutionally assigned duties."

On Monday, a Georgia appeals court canceled arguments that were scheduled for Dec. 5 in Trump's Georgia state criminal case over whether the district attorney prosecuting him can continue after she had a romantic relationship with a former member of her prosecution team. The state appeals court made that decision in a brief order, without providing a reason.

This article originally appeared on USA TODAY: Prosecutors back Trump NY criminal sentencing delay, not dismissal