(NEW YORK) — Manhattan District Attorney Alvin Bragg is expected to propose the next steps in Donald Trump’s New York hush money case Tuesday after the “unprecedented circumstances” of the former president’s election following his conviction on 34 felony counts earlier this year.
Trump’s sentencing in the criminal case is tentatively scheduled for Nov. 26, though defense attorneys have urged New York Judge Juan Merchan to dismiss the case ahead of Trump’s impending inauguration.
“The stay, and dismissal, are necessary to avoid unconstitutional impediments to President Trump’s ability to govern,” defense attorney Emil Bove told the court last week.
Since July, Trump’s attorneys have been pushing to have the conviction vacated and the case dismissed by arguing that prosecutors filled “glaring holes in their case” with evidence of official acts that the Supreme Court recently ruled off limits in its landmark presidential immunity decision.
Trump’s lawyers have also argued for a dismissal by citing the Presidential Transition Act of 1963, which urges government officers to take “lawful steps to avoid or minimize disruptions” to the presidential transition.
While prosecutors have argued that the Supreme Court’s ruling that Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office has no bearing on Trump’s conviction, they haven’t publicly signaled a position on the upcoming sentencing since Trump’s election.
Prosecutors requested additional time to advise the court about the “appropriate steps going forward” based on the impact of Trump’s victory.
“The People agree that these are unprecedented circumstances,” prosecutor Matthew Colangelo told the court last week.
Following the joint request for additional time, Judge Merchan delayed his ruling on how the Supreme Court’s presidential immunity decision impacts Trump’s case, which he originally planned to release last week.
Trump was convicted in May of all 34 felony counts of falsifying business records related to a hush money payment to adult film actress Stormy Daniels to silence allegations about a 2006 sexual encounter with Trump in order to boost his electoral prospects in the 2016 presidential election.
His conviction carries a maximum penalty of up to four years in prison, but first-time offenders would normally receive a lesser sentence.
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