NEW YORK — As President-elect Donald Trump prepares to assume office once again, prosecutors are exploring ways to maintain the validity of his conviction related to hush money, despite his return to power. They are considering various strategies, including one that mirrors how some courts manage cases involving deceased defendants.
Trump’s spokesperson quickly dismissed these proposals as “pathetic.”
In recent filings, the Manhattan district attorney’s office outlined several potential paths to ensure that Trump’s historic conviction remains recognized. These options include suspending proceedings until Trump completes his term, or stipulating that any future sentence would not involve imprisonment. Another possibility is to finalize the case with a notation indicating that while Trump was convicted, he was never sentenced due to presidential immunity, resulting in an unresolved appeal.
This latter suggestion reflects established practices in some states where a defendant who dies after conviction and before all appeals are settled has their case closed in a similar manner. However, the applicability of this approach under New York law remains uncertain. Prosecutors have proposed that Judge Juan M. Merchan take an innovative route given the unique circumstances of the case.
Prosecutors noted that this solution would shield Trump from being encumbered by a criminal case during his presidency yet would not overlook the critical fact that he was indicted and found guilty by a jury. They stressed that his forthcoming term should not negate the jury’s verdict, even with the recognition of “presidential immunity” during a sitting president’s tenure.
On the other hand, Trump’s communications director, Steven Cheung, argued fiercely against the prosecutors’ maneuvers, labeling them as efforts to keep a “politically motivated hoax” alive. He maintained that the case should not have been initiated in the first place and asserted that the Constitution mandates an immediate dismissal.
Trump’s legal challenges have persisted, as he seeks to overturn his conviction on 34 counts of falsifying business records. Allegedly, he altered financial documents to hide a $130,000 payment made to adult film actress Stormy Daniels to suppress her assertions of a past affair. Trump has consistently denied such claims and alleges that the prosecution is driven by political motives orchestrated by District Attorney Alvin Bragg and other Democrats.
Trump’s attorneys have warned that allowing this case to proceed could lead to unconstitutional disruptions during his upcoming presidential term. They also referenced President Joe Biden’s recent pardon of his son, Hunter Biden, citing the alleged political nature of that prosecution as a parallel to Trump’s own situation.
As the case continues through the courts, the potential for jail time—even post-presidency—has raised concerns for Trump’s legal team regarding its impact on his presidency. Prosecutors indicated that Judge Merchan could mitigate this issue by assuring no jail time would be imposed.
The timeline for Merchan’s next steps in this case remains unclear. Options before the judge include dismissing the case altogether, adopting one of the proposed strategies from prosecutors, awaiting a federal appeals court’s decision on Trump’s attempt to relocate the case, or considering alternative solutions.
Trump, representing the Republican party, is slated to take office on January 20. Although he was initially scheduled for sentencing last month, those proceedings were halted following his election win. Merchan postponed the sentencing indefinitely to allow both defense and prosecution to assess the future of the case and has also delayed a ruling on Trump’s previous immunity claims.
If the case were dismissed, it would void Trump’s conviction, thereby eliminating the possibility of a criminal record and associated prison time. Notably, Trump holds the distinction of being the first former president convicted of a crime, as well as the first to have been elected while holding such a conviction.
The hush money case is the only one among Trump’s four criminal indictments that has proceeded to trial. Meanwhile, special counsel Jack Smith has concluded two federal investigations against Trump, one regarding alleged efforts to overturn the results of the 2020 election and another concerning the improper retention of classified documents at Mar-a-Lago. Additionally, a state-level case concerning election interference in Fulton County, Georgia, is largely inactive. Trump maintains his innocence in all matters.
