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Manhattan District Attorney Alvin Bragg’s office has filed a legal brief asking Judge Juan Merchan not to throw out President Donald Trump’s guilty verdict in the Manhattan criminal case. ton It offered the alternative of keeping the case on hold until a second Trump administration.
“President-elect immunity does not exist. and even after the swearing-in ceremony A defendant’s temporary immunity as a sitting president would still not justify the drastic remedy of overturning a jury’s unanimous guilty verdict. and undermines the completion of this criminal proceeding,” Tuesday’s court filing from Bragg’s office said.
Trump was found guilty on 34 counts of falsifying business records in a Manhattan case in May. Bragg’s office is trying to prove that Trump falsified business records to conceal a $130,000 payment to former porn star Stormy Daniels before the 2016 election to settle her claims of an extramarital affair. With Trump in 2006
Trump maintains his innocence in the case. and repeatedly slammed the case as an example of legislation that Democrats promote. in an attempt to sabotage his election efforts before November.
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Former President Donald Trump arrives at Trump Tower on Thursday, May 30, 2024, after being found guilty of 34 counts of falsifying business records in the first degree. (Felipe Ramales, Fox News Digital)
Trump’s trial in the case has been delayed multiple times. Trump’s lawyer asks Merchan to overturn the former president’s guilty verdict. After the Supreme Court ruled in July that Former presidents enjoy substantial immunity from prosecution for their official actions in office. But not for unofficial actions. Merchan has not yet settled the immunity argument.
Prosecutors asked to stay on Trump’s New York case until 2029 as the defense plans to call for his dismissal. “Once and forever”
Bragg’s office acknowledged in a Tuesday filing that Trump cannot be convicted as president, but argued that Merchan has many options to keep the case until 2029 and convict Trump after his second presidential administration.
“The ((N)o)principle of immunity precludes further proceedings before the defendant takes office. And even though a decision had not yet been made at the time the defendant took office, There is no legal obstacle to postponing sentencing until the defendant has completed his term,” the complaint states.
Alvin Bragg, Manhattan District Attorney Leaving the trial of Daniel Penny at the Manhattan Criminal Court Building in New York City. On Monday, December 1, 2 Nov. 2024 (Julia Bonavita/Fox News Digital)
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The DA’s office argued that a stay of sentencing in the case would exempt former presidents and upcoming presidents. “from any obligation in this case immediately during his tenure. At the same time respecting the public interest in maintaining the rule of law and conservation. meaningful aspects of the criminal process that have already taken place.” The prosecutor’s office has called for a suspension of the trial after the election. Tuesday’s ruling will double down on that argument.
“To be sure, the public does not dispute that presidential immunity requires accommodations during the president’s tenure. But the strong remedy of dismissing the indictment and reversing the jury verdict is not warranted in terms of facilitating alternatives. to fully resolve concerns. was raised on presidential immunity,” their complaint said.
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Judge Juan Merchan (left) and President-elect Donald Trump. (AP)
Bragg’s office also floated that Merchan could use a legal process known as abatement. This is a practice used in states such as Alabama when a defendant dies after a conviction. But before being sentenced In such case The state was able to preserve the conviction but had to suspend other court proceedings.
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Steven Chung, Trump spokesman slammed Tuesday’s filing as “A pathetic attempt to salvage the corpse of a politically motivated and unconstitutional hoax.”
After Trump’s victory over Vice President Kamala Harris last month A Trump official told Fox News Digital exclusively that the lawsuit It was “effectively terminated” as Bragg asked to stay on until 2029.
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“Prosecutors are trying to save face,” a Trump official told Fox News Digital. “They know this case will be thrown out soon.”
Fox News Digital’s Brooke Singman contributed to this report.
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