Nov. 19 (UPI) — Manhattan District Attorney Alvin Bragg filed a motion Tuesday to oppose President-elect Donald Trump‘s attempt to dismiss the hush money case against him in New York, but he will not oppose a stay in the case.
Merchan pushed back his decision on how sentencing will proceed a week ago. Trump was scheduled to be sentenced on Nov. 26, a week away. Bragg’s motion suggests a new timeline that would allow Trump’s motion for dismissal to be heard.
Bragg suggested that his office be given a deadline of Monday, Dec. 9, to file its response to Trump’s motion.
“The People expect that we would not oppose Defendant’s request for a stay of further proceedings pending this Court’s disposition of a motion to dismiss,” Bragg writes.
Trump is convicted on 34 felony counts for business fraud in connection with hiding hush money payments to adult film actress Stormy Daniels.
Bragg laid out two reasons for his office’s position on a stay. First, it expects that Trump’s motion for dismissal will lead to a stay during appeals either way. Second, Bragg expects there to be new questions about immunity.
Trump’s attorney Emil Bove argued last week that the case should be stayed or dismissed to “avoid unconstitutional impediments” to Trump’s ability to act as president.
Trump’s defense attorneys across multiple cases pushed to keep his cases on hold until after the election with the hope that he would be re-elected. That has come to pass, giving Trump the authority to dismiss the federal cases against him.
That does not apply to this case or the case against him over conspiracy to subvert the results of the election in Fulton County, Ga.
Bragg’s office has also maintained that the U.S. Supreme Court‘s decision to back Trump’s claims of broad presidential immunity should not apply to this case. Presidential immunity is meant to shield a president from being prosecuted for carrying out his roles as president. The charges against Trump stem from acts undertaken while he was first campaigning for president in 2016 and continuing into his first term.
However, the prosecution had not publicly weighed in on the impact of Trump’s reelection before Tuesday.
“The People agree that these are unprecedented circumstances,” Matthew Colangelo, a prosecuting attorney with Bragg’s office, said during last week’s hearing.
