District Attorney Fights to Keep Trump Case Alive Despite Presidential Win

Clear Facts

• Manhattan District Attorney Alvin Bragg opposes the dismissal of Donald Trump’s case despite his presidential election victory.
• Bragg suggests delaying proceedings until Trump’s term ends in 2029, citing unprecedented legal questions.
• Prosecutors acknowledge Trump’s inauguration raises new legal issues but argue current laws do not require dismissal of the case.

Manhattan District Attorney Alvin Bragg has announced his opposition to the motion to dismiss the case against President-elect Donald Trump. Despite Trump’s recent election victory, Bragg is urging Judge Juan Merchan to consider postponing the remaining legal proceedings until after Trump’s presidential term concludes in 2029.

Prosecutors have expressed their respect for the presidency and the unique legal challenges Trump’s inauguration presents.

“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,” they stated.

The filing further argues that “no current law establishes that a president’s temporary immunity from prosecution requires dismissal of a post-trial criminal proceeding that was initiated at a time when the defendant was not immune from criminal prosecution and that is based on unofficial conduct for which the defendant is also not immune.”

While the sentencing date for Trump has not been altered, Bragg has indicated a willingness to delay sentencing as the motion to dismiss is litigated. This suggests that Trump’s sentencing is unlikely to occur in the immediate future.

Trump spokesman Steven Cheung has declared this development as “a total and definitive victory for President Trump and the American People who elected him in a landslide.”

He added, “The Manhattan DA has conceded that this Witch Hunt cannot continue. The lawless case is now stayed, and President Trump’s legal team is moving to get it dismissed once and for all.”

In May, a Manhattan jury found Trump guilty on 34 counts related to falsifying business records. These charges stemmed from payments to Michael Cohen, Trump’s former attorney, for a nondisclosure agreement with Stormy Daniels. Despite objections from Trump’s defense team, both Cohen and Daniels were allowed to testify, with the judge denying motions for a mistrial.

Bragg initiated the indictment in April 2023, maintaining the case throughout Trump’s campaign. Trump’s sentencing, initially scheduled for just before the Republican National Convention in July, has faced multiple delays following a Supreme Court ruling on presidential immunity.

Judge Merchan recently paused all deadlines in the case due to Trump’s election win, delaying his decision on Trump’s motion to overturn the jury’s verdict based on the Supreme Court’s ruling.

Prosecutors have indicated they will not oppose further delays in Trump’s sentencing, which is currently set for November 26. They argue that staying proceedings now could prevent unnecessary litigation and address the new immunity questions raised by Trump’s legal team.

“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,” they wrote.

“Second, proceeding to sentencing now would not avoid the new immunity question that Defendant intends to raise.”

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