Manhattan District Attorney Alvin Bragg informed a New York court on Tuesday that it plans to oppose a motion by President-elect Donald Trump's legal team to dismiss his hush-money case. However, he is OK with delaying sentencing, which was due to take place later this month.
In May, a jury found Trump guilty on all 34 counts of falsifying business records, making him the first American president to be convicted of a crime. During the six-week trial, prosecutors successfully argued Trump falsified the records to conceal damaging stories, including an alleged affair with porn star Stormy Daniels, ahead of the 2016 presidential election.
However, major events since the conviction have thrown a wrench into the case.
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In July, the Supreme Court ruled that presidents are not subject to criminal prosecution for official acts taken in office. While the Supreme Court did not define "official acts," attorneys for Trump say the conviction should be overturned in light of the Supreme Court's ruling. A hearing on that issue was due to take place in November but has been delayed.
In addition, Trump will be inaugurated on January 20th following his presidential election victory, limiting him from prosecution.
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In response to both of those issues, Bragg argues, "No current law establishes that a president's temporary immunity from prosecution requires dismissal of a post-trial criminal proceeding that was initiated at a time when the defendant was not immune from criminal prosecution and that is based on unofficial conduct for which the defendant is also not immune."
Bragg says his office would use the time to explore options, including whether the case should be frozen until after the president's term ends.
It's unclear when Merchan will rule on the future of the case.
This is a breaking news story. Check back for updates.
