Manhattan District Attorney Alvin Bragg is opposing President-elect Donald Trump’s motion to dismiss his hush-money case, suggesting that it instead be put on hold while Trump is in office because “president-elect immunity does not exist," MSNBC reported Tuesday.
“[E]ven 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,” Bragg wrote to New York Judge Juan Merchan on Monday.
“At most, defendant should receive temporary accommodations during his presidency to prevent this criminal case from meaningfully interfering with his official decision-making,” the 82-page filing reads.
Just six weeks before he is set to take office, Trump is demanding Merchan immediately dismiss his hush-money trial case, citing a laundry list of complaints against the legal system as well as the presidential immunity he was granted by the Supreme Court in July. Trump's legal team also cited President Joe Biden’s pardon of his son Hunter Biden.
In May, Trump was found guilty by a Manhattan jury for covering up a hush payment to adult film star Stormy Daniels before the 2016 election. He originally was set to be sentenced in July, but Merchan delayed his sentencing until after the 2024 election.
The president-elect was convicted of 34 felonies and faces up to four years in prison, should he ever be sentenced. This is his third attempt to void the conviction.
“The overwhelming evidence of defendant’s guilt and the critical importance of preserving public confidence in the criminal justice system, among many other factors, weigh heavily against dismissal,” Bragg wrote.
The New York attorney general’s office also opposed Trump’s dismissal attempt in a letter on Monday, writing that the case will not impact his official duties as president.
“The ordinary burdens of civil litigation do not impede the President’s official duties in a way that violates the U.S. Constitution,” the letter reads.
The dispute could continue into Trump’s presidency and his sentencing could be delayed until after his term, which Bragg said was a “reasonable” option.
