Prosecutors Resist Trump’s Effort to Overturn Hush Money Conviction, Weigh Delaying Sentencing

New York prosecutors firmly opposed dismissing President-elect Donald Trump’s hush money conviction but indicated some openness to delaying sentencing until after his second term.

In a court filing Tuesday, the Manhattan District Attorney’s office argued that Trump’s presidency does not warrant dropping the case, which led to his conviction in May. However, prosecutors acknowledged the need to balance “competing constitutional interests,” suggesting the case might be paused until Trump leaves office.

The conviction stems from allegations that Trump falsified business records to hide a $130,000 hush money payment to adult film actor Stormy Daniels ahead of the 2016 election. Trump denies the affair and any wrongdoing.

Sentencing Delay Under Consideration

Trump’s sentencing, initially scheduled for Nov. 26, is now uncertain. Following his recent election victory, Trump’s lawyers urged Judge Juan M. Merchan to dismiss the case, arguing that doing so would ensure a smooth transition of power.

While Merchan has not made a decision, Trump spokesperson Steven Cheung called the prosecutors’ response “a total and definitive victory for President Trump,” continuing to frame the case as a politically motivated “witch hunt.”

Supreme Court Ruling Could Influence Case

Judge Merchan last week delayed ruling on Trump’s motion to overturn his conviction, citing a U.S. Supreme Court decision in July. The ruling grants presidents broad immunity from prosecution for official acts.

Trump’s legal team contends this decision invalidates the conviction, arguing that some jury evidence, such as White House records, was improperly used. Prosecutors countered that these materials made up only “a sliver” of their case.

If sentencing proceeds, Trump could face penalties ranging from fines to up to four years in prison. However, legal experts believe incarceration is unlikely for a first-time conviction on lower-level felony charges.

Broader Legal Context

The hush money trial is the only one of Trump’s four criminal cases to reach a verdict.

Special Counsel Jack Smith is reportedly winding down two federal cases: one involving Trump’s alleged efforts to overturn the 2020 election and another regarding his retention of classified documents. Meanwhile, a separate state election interference case in Georgia remains on hold.

Despite these legal battles, Trump continues to denounce the Manhattan prosecution as a “rigged, disgraceful” campaign to undermine his political future.

Because the hush money case is a state prosecution, Trump could not pardon himself if he returns to office. Presidential pardons apply only to federal offenses.

Political and Public Reactions

Supporters have embraced Trump’s legal challenges as a rallying point, sporting slogans such as “Free Trump” and “I’m Voting For the Convicted Felon” at campaign rallies.

Trump, meanwhile, has vowed to appeal the conviction if it is not dismissed, using the case to galvanize his political narrative ahead of his return to the White House.

Judge Merchan now faces a critical decision: whether to maintain the verdict, delay sentencing, or explore other legal avenues as Trump prepares to reenter the Oval Office.