By NBC News
New York prosecutors told the judge who presided over Donald Trump’s hush money trial Tuesday that his sentencing should be postponed while the president-elect’s lawyers file further legal arguments asking that the case be dismissed.
Judge Juan Merchan would need to approve the proposal from Manhattan District Attorney Alvin Bragg’s office for it to become official. Merchan has agreed to previous requests from prosecutors seeking delays.
Prosecutors said they would challenge Trump’s efforts to dismiss the case but agreed that they are in uncharted territory when it comes to sentencing a president and acknowledged that his sentencing might need to take place after his term in office.
“The People deeply respect the Office of the President, are mindful of the demands and obligations of the presidency, and acknowledge that Defendant’s inauguration will raise unprecedented legal questions. We also deeply respect the fundamental role of the jury in our constitutional system,” their filing said.
“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,” the filing says.
Prosecutors said they would be agreeable to pausing the sentencing for “two reasons.”
“First, as a practical matter, Defendant’s stated plan to pursue immediate dismissal and file interlocutory appeals will likely lead to a stay of proceedings in any event; staying proceedings now until this Court’s resolution of the motion to dismiss would thus avoid unnecessary litigation. Second, proceeding to sentencing now would not avoid the new immunity question that Defendant intends to raise,” the filing said.
