With his sentencing on hold, lawyers for President-elect Donald J. Trump are pushing to dismiss the case. The district attorney, Alvin Bragg, is opposing the effort.
Nov. 19, 2024, 1:07 p.m. ET
Manhattan prosecutors on Tuesday rebuffed President-elect Donald J. Trump’s request to dismiss his criminal conviction in the wake of his electoral victory, signaling instead their willingness to freeze the case while he holds office.
In a letter to the judge overseeing the case, the prosecutors emphasized that a jury had already convicted Mr. Trump of falsifying records to cover up a sex scandal.
But acknowledging the unprecedented nature of the case — Mr. Trump would be the first felon to serve as president — the prosecutors raised the prospect of a four-year freeze.
“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,” prosecutors from the Manhattan district attorney’s office wrote to the judge, Juan M. Merchan. “We also deeply respect the fundamental role of the jury in our constitutional system.”
Eager to clear his criminal record, Mr. Trump is now expected to move forcefully for a dismissal, setting in motion a legal battle that could shadow his second presidential term and ultimately reach the U.S. Supreme Court. That fight will almost certainly further delay Mr. Trump’s sentencing, which was scheduled for next week.
In court records last week that hinted at a Supreme Court challenge, Mr. Trump’s lawyers argued that dismissing the case would “avoid unconstitutional impediments to President Trump’s ability to govern.” Doing so, they added, was “in the interests of justice.”
The district attorney, Alvin L. Bragg, took a week to deliberate before delivering Tuesday’s much-anticipated response.
His options were limited and unappealing: He could have either dropped the case, a move that would have alienated his liberal Manhattan base, or proposed some way to pause it, potentially intensifying Mr. Trump’s ire and drawing a legal challenge.
Ultimately, Mr. Bragg, the first prosecutor in the country to indict and convict a former president, opted to stand behind the jury’s verdict.
This is a developing story and will be updated.
Ben Protess is an investigative reporter at The Times, writing about public corruption. He has been covering the various criminal investigations into former President Trump and his allies. More about Ben Protess
Kate Christobek is a reporter covering the civil and criminal cases against former president Donald J. Trump for The Times. More about Kate Christobek
Jonah E. Bromwich covers criminal justice in New York, with a focus on the Manhattan district attorney’s office and state criminal courts in Manhattan. More about Jonah E. Bromwich