New York prosecutor urges judge not to throw out Donald Trump's Hush Money conviction, offers other sentencing options

New York District Attorney Alvin Bragg argued that Donald Trump's conviction in his hush money case should not be thrown out, while proposing alternative sentences as the former president prepares to return to office. functions.

Trump and his legal team want the conviction overturned, citing various factors, including their claim that he has presidential immunity.

But in his filing to Judge Juan Merchan, Bragg wrote that “no principle of immunity prevents the continuation of the proceedings before [Trump’s] inauguration. And even if the judgment was not rendered at the time of the defendant's inauguration, there is no legal obstacle to postponing the pronouncement of the sentence until the end of the defendant's mandate. That would be in 2029.

“In either case, sentencing would serve the important purpose of deterring future crimes,” Bragg wrote.

Bragg also wrote that the court could follow a “reduction by death” context to end the proceedings without overturning the jury's verdict or dismissing the indictment.

He also wrote that limitations on future procedures could address concerns about his potential interference in presidential decision-making. This includes assurances that Trump will not face incarceration.

Bragg wrote that “many of the defendant's concerns stem from the possibility that he faces 'potential incarceration' here.” Here, however, because defendant has no prior criminal convictions and has been convicted of Class E felonies, this Court is not at all required to impose a term of incarceration and could even impose an unconditional release. …The Court could therefore conclude that presidential immunity, while not requiring revocation, would nonetheless require a non-incarceration sentence in these circumstances. Such a constitutional limitation on the range of available sentences would further diminish any impact on the defendant's presidential decision-making without going so far as to completely abandon the indictment and jury verdict.”

Trump was convicted in May of 34 felonies for falsifying business records related to secret payments made to former porn star Stormy Daniels. Merchan delayed Trump's sentencing several times, and ultimately stayed it as the question of whether or not to throw out the conviction was debated by the prosecution and defense.

Bragg wrote that there “is no reason” to dismiss the case now, “before the defendant's inauguration, because the president-elect's immunity does not exist.” And even after the inauguration, the accused's temporary immunity as a sitting president will still not justify the extreme recourse of rejecting the unanimous guilty verdict of the jury and destroying the already completed phases of this criminal procedure. »

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