Judge Merchan has the ability to dismiss the Trump case, Jonathan Turley says
George Washington University Law Professor Jonathan Turley reacts to news the Trump sentencing may be postponed until 2029 on 'The Ingraham Angle.'
Manhattan District Attorney Alvin Bragg’s office filed a legal brief calling on Justice Juan Merchan to not toss President-elect Donald Trump’s guilty verdict in the Manhattan criminal case, offering alternative options to keep the case on ice until after Trump's second administration.
"President-elect immunity does not exist. And even after the inauguration, defendant’s temporary immunity as the sitting President will still not justify the extreme remedy of discarding the jury’s unanimous guilty verdict and wiping out the already-completed phases of this criminal proceeding," the Tuesday court filing from Bragg’s office states.
Trump was found guilty of 34 counts of falsifying business records in the Manhattan case in May. Bragg's office worked to prove that Trump falsified business records to conceal a $130,000 payment to former porn star Stormy Daniels ahead of the 2016 election to quiet her claims of an alleged affair with Trump in 2006.
Trump has maintained his innocence in the case and repeatedly railed against it as an example of lawfare promoted by Democrats in an effort to hurt his election efforts ahead of November.
NEW YORK AG LETITIA JAMES SAYS SHE WON'T DROP CIVIL FRAUD CASE AGAINST TRUMP
Former President Donald Trump arrives at Trump Tower on Thursday, May 30, 2024 after being found guilty on 34 counts of falsifying business records in the first degree. (Felipe Ramales for Fox News Digital)
Trump’s sentencing in the case has been repeatedly delayed. Trump's lawyers had asked Merchan to overturn the former president’s guilty verdict after the Supreme Court ruled in July that former presidents have substantial immunity from prosecution for official acts in office, but not for unofficial acts. Merchan has not yet ruled on the immunity argument.
Bragg’s office acknowledged in its Tuesday filing that Trump cannot be sentenced as president but argued Merchan has various options to keep the case on ice until 2029 and sentence Trump following his second presidential administration.
"[N]o principle of immunity precludes further proceedings before defendant’s inauguration. And even if judgment has not been entered at the time of defendant’s inauguration, there is no legal barrier to deferring sentencing until after defendant’s term of office concludes," the filing said.
Manhattan District Attorney Alvin Bragg departs Daniel Penny’s trial at the Manhattan Supreme Criminal Court building in New York City on Monday, Dec. 2, 2024. (Julia Bonavita/Fox News Digital)
BRAGG CASE 'EFFECTIVELY OVER' IN 'MAJOR VICTORY,' TRUMP OFFICIALS SAY
The DA’s office argued that a stay of proceedings in the case would exempt the former and upcoming president "from any immediate obligations in this case during his time in office, while at the same time respecting the public interest in upholding the rule of law and preserving the meaningful aspects of the criminal process that have already taken place." The DA's office had already called for a stay in the case following the election, with Tuesday's filing doubling down on that argument.
"To be sure, the People do not dispute that presidential immunity requires accommodation during a President’s time in office. But the extreme remedy of dismissing the indictment and vacating the jury verdict is not warranted in light of multiple alternative accommodations that would fully address the concerns raised by presidential immunity," their filing said.
Trump spokesman Steven Chueng slammed the filing Tuesday as "a pathetic attempt to salvage the remains of an unconstitutional and politically motivated hoax."
"This lawless case should have never been brought, and the Constitution demands that it be immediately dismissed, as President Trump must be allowed to continue the Presidential Transition process, and execute the vital duties of the presidency, unobstructed by the remains of this, or any other, Witch Hunt. The sooner these cases end, the sooner our country can unite behind President Trump for the betterment of all Americans," Cheung said in a comment provided to Fox News Digital.
TRUMP DEMANDS NEW YORK AG LETITIA JAMES DROP CIVIL FRAUD CASE 'FOR THE GREATER GOOD OF THE COUNTRY'
Judge Juan Merchan, left, and President-elect Donald Trump. (AP)
Bragg’s office also floated that Merchan could use a legal procedure known as abatement, which is a practice used in states such as Alabama when a defendant dies after a conviction, but before sentencing. In those cases, the state can preserve the conviction but halt other court proceedings.
Following Trump’s win over Vice President Kamala Harris last month, Trump officials exclusively told Fox News Digital that the case was "effectively over" as Bragg requested a stay until 2029.
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"Prosecutors are trying to save face," a Trump official told Fox News Digital. "They know this case will soon be thrown out."
Fox News Digital’s Brooke Singman contributed to this report.
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