Trump’s legal team is working to delay the New York hush money case, requesting an additional month to file a formal motion to dismiss his criminal conviction.
Attorneys Todd Blanche and Emil Bove, appointed to key positions in Trump’s Justice Department, have asked Judge Juan Merchan for an extension until December 20, just a month before Trump’s expected inauguration. Their letter, which was made public on Wednesday, outlines their request for more time to mount their defense.
Meanwhile, Manhattan District Attorney Alvin Bragg is pushing for a quicker resolution. In a letter sent Tuesday, Bragg stated his office is open to pausing the proceedings during Trump’s presidency but urged the judge to expedite the process. He proposed that Trump submit his brief promptly and that prosecutors respond by December 9.
The strategy of Trump’s legal team seems focused on postponing any decisions until after his inauguration. Once Trump takes office, the case is likely to be paused or dismissed, preventing any sentencing from taking place.
Trump’s attorneys argue that the president-elect’s victory represents a mandate that overrides the political motivations of New York prosecutors. They have called for the immediate dismissal of the case in their letter to the judge.
Bragg, however, contends that the judge must weigh the constitutional consequences of the presidency against the jury’s decision, which convicted Trump on 34 counts of falsifying business records related to the hush money payment ahead of the 2016 election.
Trump’s sentencing, currently scheduled for Tuesday, is expected to be delayed as the court considers the implications of his recent election victory. Both sides have expressed willingness to pause the proceedings.
The judge must now decide whether to adjourn the sentencing and how swiftly to rule on Trump’s motion to dismiss. Additionally, Merchan has yet to address whether Trump’s conviction should be dismissed entirely in light of the Supreme Court’s ruling on presidential immunity, which provides former presidents with broad legal protections.
Trump’s legal team has suggested that this matter should take a backseat until their new motion is resolved, including any potential appeals. In other criminal cases, Trump has seen progress stall following his reelection.
A federal judge has suspended all deadlines in the case concerning his alleged role in subverting the election results, at the request of special counsel Jack Smith. Additionally, another court has paused Smith’s appeal in his investigation into Trump’s classified documents case in Florida.
Smith is expected to provide an update on his proposed next steps by December 2. Trump’s attorneys indicated that delaying their motion to file in the hush money case until later in the month will allow them time to review Smith’s suggestions.
In Georgia, where Trump faces charges related to attempting to overturn the state’s election results, the December 5 oral arguments in his appeal to disqualify Fulton County District Attorney Fani Willis were unexpectedly canceled. The reason for the cancellation remains unclear, and it is uncertain whether the timing is related to the election.