NY DA Open to Trump Hush-Money Case Delay During Presidency

Following the results of the 2024 election, the outcome of Trump's criminal cases is up for debate. While the NY prosecution is delaying the “hush money” case, the US Department of Justice is poised to drop Trump’s two federal cases, while the GA case remains at a standstill. Due to public controversy and fear that Trump is getting away with his criminal cases because of his win this November, there is reason to believe that the NY prosecutors are only aiming to delay this current case, and are maintaining their stance on prosecuting him eventually.  

The historic court case involving Donald Trump's hush money in New York has led to the first-ever felony conviction of a former US president. Claims of manipulating corporate documents about hush money payments made during the 2016 presidential campaign are at the center of the case.  

Since there is no current law establishing a president’s temporary immunity from a prosecution which requires dismissal of a post-trial criminal proceeding based on unofficial conduct for which the defendant is likewise not exempt and that was initiated when the defendant was not immune from criminal prosecution, it is difficult to determine the current precedent behind the case [1].  

Following his conviction, the U.S. Supreme Court ruled in a separate case that presidents are immune from prosecution for official actions they take while in office. Trump's legal team argued that, since Trump's actions were official, he was therefore exempt from prosecution. Several witness statements and evidence from the hush-money case, including those of former White House employees and statements made during his presidency, violate this ruling [2].

Trump's attorneys argued that the US Department of Justice's rule against prosecuting sitting presidents should be extended to the states. They also highlighted the Presidential Transition Act, which outlines the duties of the new president-elect.  

In establishing the Presidential Transition Act of 1963, Congress stated that "any disruption occasioned by the transfer of executive power could produce results detrimental to the safety and well-being of the United States and its people." To facilitate an orderly transfer of power, Congress created a framework for the federal government to prepare for the transition from one president to the next. With broad bipartisan support, the Act has been updated throughout time to reflect the growing challenges of presidential transitions. Under the law, the General Services Administration must offer office space and other essential support services to presidents-elect and vice presidents-elect, as well as pre-election space and support to eligible candidates [3]. 

Moving forward into 2024, this case continues to explore unprecedented legal territory,  reconciling the presidency's responsibilities with the values of justice and accountability. The conclusion is uncertain, but it will most likely set key legal precedents for future cases involving presidents and presidential candidates.

Sources:

1. NY DA Open to Trump Hush-money Case Delay During Presidency, Bloomberg Law (November 19, 2024), https://www.bloomberg.com/news/articles/2024-11-19/ny-da-open-to-delaying-trump-hush-money-case-during-presidency  
2. Judge Indefinitely Postpones Sentencing in Trump’s Hush Money Case, NPR (November 22, 2024). https://www.npr.org/2024/11/22/g-s1-35393/donald-trump-sentencing-hush-money-case  
3. Presidential Transition Act Summary, Center for Presidential Transition, Center for Presidential Transition (March 13, 2024), https://presidentialtransition.org/reports-publications/presidential-transition-act-summary.