Manhattan District Attorney Alvin Bragg said Tuesday that his office will oppose President-elect Donald Trump’s motion to dismiss his felony conviction in New York.
Bragg said that despite plans to oppose Trump’s motion, his office would agree to hit pause on the proceedings pending the judge’s decision on Trump’s motion to dismiss. Bragg also suggested the case could wait until Trump’s finishes his term in the White House.
“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 wrote in a letter to Judge Juan Merchan. “Rather, existing law suggests that the Court must balance competing constitutional interests and proceed ‘in a manner that preserves both the independence of the Executive and the integrity of the criminal justice system.’ “
In late May, a Manhattan jury convicted Trump on all counts in his hush money case. Trump was convicted of 34 counts of falsifying business records for disguising hush money payments to an adult film actress as legal costs ahead of the 2016 election. Under New York state law, falsifying business records in the first degree is a Class E felony with a maximum sentence of four years in prison.
Trump and his attorneys want the judge to dismiss the case based on the U.S. Supreme Court’s immunity decision. In July, the U.S. Supreme Court ruled that presidents and former presidents have absolute immunity for actions related to core constitutional powers and presumptive immunity for official actions. The ruling said the president has no immunity for unofficial conduct.
Bragg said Tuesday that the case could remain on pause through the end of Trump’s second term. Trump beat Vice President Kamala Harris in the two-way race for the White House. He will be inaugurated on Jan. 20, 2025.
“Given the need to balance competing constitutional interests, consideration must be given to various non-dismissal options that may address any concerns raised by the pendency of a post-trial criminal proceeding during the presidency, such as deferral of all remaining criminal proceedings until after the end of Defendant’s upcoming presidential term,” Bragg wrote.
