DA offers Judge Merchan an usual suggestion for Trump’s hush money case

The Manhattan District Attorney’s office recently offered some unusual suggestions to New York Judge Juan Merchan on President-elect Donald Trump‘s hush money case.

The Suggestions

In court filings released Tuesday, the Manhattan District Attorney’s Office outlined several options to ensure the historic conviction remains intact.

The proposals include pausing the case until he leaves office or agreeing that any future sentence would exclude jail time. Another option suggests closing the case with a note acknowledging the conviction but stating he was never sentenced and his appeal remained unresolved due to presidential immunity.

The final proposal mirrors how some states handle cases where a defendant dies after conviction but before their appeals are completed. While its viability under New York law is unclear, prosecutors suggested Merchan could take an innovative approach.

“Especially given the novelty of defendant’s own immunity claims, it would hardly be improper for this Court to exercise its inherent authority to consider novel remedies,” the Manhattan DA’s office wrote.

Trump’s Case

On May 30, a Manhattan jury found Trump guilty of 34 felony counts of falsifying business records in the case, which involved a hush money payment to adult film actress Stormy Daniels shortly before the 2016 election. Daniels says she and Trump previously had a sexual encounter, which he has denied. Trump’s lawyers are appealing the verdict.

Building on their stance from last month, prosecutors insisted the conviction must remain in place, arguing that Trump’s potential return to the White House should not overturn the jury’s decision.

Trump’s lawyers, who are pushing for the case to be dismissed entirely in light of his election victory, did not immediately respond.

Trump’s legal team contends that allowing the case to proceed would create unconstitutional “disruptions” to his upcoming presidential term. They also pointed to President Joe Biden‘s recent pardon of his son, Hunter Biden, who was convicted on tax and gun charges. Biden argued his son was unfairly targeted for political reasons, a claim Trump’s lawyers say applies to him as well.

It remains unclear when Merchan will decide on the next steps for the case. Trump, a Republican, is set to take office on January 20.

Trump was originally set to be sentenced late last month, but after his November 5 election victory, Merchan paused the proceedings. The sentencing was indefinitely postponed to allow both the defense and prosecution to provide input on how the case should move forward. Merchan also postponed ruling on Trump’s earlier request to dismiss the case on grounds of presidential immunity.

A dismissal would wipe out Trump’s historic conviction, freeing him from having a criminal record and the threat of a prison sentence. Trump is the first former president to be convicted of a crime and the first convicted criminal to be elected to the presidency.

Merchan could choose to uphold the verdict and move forward with sentencing, delay the case until Trump leaves office, await a ruling from a federal appeals court on Trump’s parallel effort to transfer the case out of state court, or explore other options.

Trump’s Other Legal Issues

Since the election, special counsel Jack Smith has dropped his two federal cases against Trump—one involving efforts to overturn the 2020 election, and the other centered on allegations of hoarding classified documents at his Mar-a-Lago estate.

Meanwhile, a separate state election interference case in Fulton County, Georgia, remains largely on hold. Trump denies any wrongdoing in all of the cases.

This article includes reporting from The Associated Press.