New York prosecutors vow to oppose Trump’s effort to overturn criminal conviction

Donald Trump attends his criminal trial in New York. Getty Images

BBC -

New York prosecutors have vowed to oppose President-elect Donald Trump’s effort to overturn his criminal conviction, but they expressed a willingness to wait to sentence him until he completes his upcoming presidential term.

Prosecutors urged the judge who is overseeing Trump's sentence after his guilty verdict to consider options other than dismissal, including holding off until the president-elect is scheduled to leave the White House in 2029.

The Manhattan district attorney's office asked Justice Juan Merchan to set a new deadline of 9 December for both sides to consider the case and file new motions.

Trump's sentencing is scheduled for 26 November, but it could be delayed further.

In May, Trump was convicted on 34 charges of falsifying business records, stemming from an attempt to cover up a potential sex scandal ahead of his first presidential victory in 2016.

A few weeks later, however, the US Supreme Court held in a separate case that presidents enjoy a degree of immunity from criminal prosecution for "official acts."

Trump's lawyers want a judge to overturn his New York conviction on the grounds of presidential immunity, and because of his impending term in the White House.

On Wednesday, attorney Todd Blanche called for the "immediate dismissal of this case," and argued such an outcome was required by the US Constitution and the Presidential Transition Act. Mr Blanche asked for a deadline of 20 December to file a full brief with the court.

Prosecutors believe the issues at the centre of their case do not have to do with official presidential duties.

They stressed that the trial and conviction occurred before the US Supreme Court decided this summer that presidents had broad protection from criminal prosecution.

They did acknowledge Justice Merchan's "need to balance competition constitutional interests", however.

They asked the judge to consider "non-dismissal options" that could included "deferral of all remaining criminal proceedings until after the end of Defendant's upcoming presidential term".

“The DA is saying that the court should put off sentencing until after Trump leaves the White House," said New York attorney and former prosecutor Mitchell Epner. "Don’t drop the conviction - but don’t do anything until after Trump leaves office."

With Trump's inauguration just weeks away, little time remained on the calendar for a new round of motions and briefs, Mr Epner said. The case would be paused anyway after 20 January, when Trump takes the oath of office, he said.

Of the four criminal prosecutions against Trump, the New York case was the only one to go to trial and reach a guilty verdict.

But the final outcome is now uncertain as Trump prepares to head to the White House next January.

Source: BBC

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