Manhattan prosecutors have urged a New York judge to uphold the criminal conviction of President-elect Donald Trump in his hush money case, arguing against dismissal and proposing alternative measures to ensure the proceedings do not interfere with Trump’s presidential duties.
In a court filing released Tuesday, the Manhattan district attorney’s office emphasized that dismissing the case would undermine public confidence in the justice system. “The overwhelming evidence of defendant’s guilt and the critical importance of preserving public confidence in the criminal justice system weigh heavily against dismissal,” the prosecutors stated.
The filing also addressed Trump’s claims of presidential immunity, asserting that no such protection exists for a president-elect. “President-elect immunity does not exist,” prosecutors argued, adding that even after inauguration, temporary immunity would not justify overturning the jury’s unanimous verdict or dismissing the charges.
Prosecutors outlined several accommodations for Trump during his presidency, including postponing sentencing until after his term or guaranteeing he would not face jail time. They argued such measures would address concerns about presidential decision-making without discarding the jury’s verdict.
“At most, defendant should receive temporary accommodations during his presidency to prevent this criminal case from meaningfully interfering with his official decision-making,” the filing noted. They suggested that the court could impose a stay on sentencing or issue an unconditional discharge, given Trump’s lack of prior criminal convictions and the classification of the charges as Class E felonies.
Prosecutors also proposed an unconventional solution based on an “abatement” rule used in some states, which allows proceedings to be noted without finalizing a conviction in cases where the defendant dies before sentencing. While not practiced in New York, they argued it could serve as a model for balancing legal and practical concerns in this case.
Trump’s attorneys have called for the case’s immediate dismissal, arguing he is entitled to immunity due to his election victory and claiming the charges were politically motivated. “This lawless case should have never been brought,” Trump spokesperson Steven Cheung said in a statement, calling the filing a “pathetic attempt to salvage the remains of an unconstitutional and politically motivated hoax.”
Prosecutors countered that the immunity claim is unfounded and that dismissing the indictment would set a dangerous precedent. They noted that Trump had already sought and received delays in sentencing, undermining arguments of prejudice due to timing.
Trump was convicted in May on 34 counts of falsifying business records tied to a $130,000 hush money payment made by his former attorney Michael Cohen to adult film actress Stormy Daniels in the final days of the 2016 election. Daniels alleges she had a sexual encounter with Trump in 2006, which Trump denies.
While Trump’s legal team pointed to Special Counsel Jack Smith’s decision to dismiss federal criminal cases after Trump’s election, prosecutors argued that Smith’s cases had not yet gone to trial, distinguishing them from the Manhattan case.
Judge Juan Merchan has yet to rule on Trump’s motion to dismiss the case or vacate the conviction.
