Donald Trump announced Tuesday in a New York court that he is pursuing the dismissal of the criminal case against him, which involves 34 charges tied to alleged hush money payments to an adult film actress. The development comes in the wake of his victory in the November 5 presidential election.
Judge Juan Merchan, who had previously scheduled Trump’s sentencing for November 26, agreed to delay the timeline indefinitely, allowing the former president to present his motion for dismissal.
Trump’s legal team has argued that the charges could create “unconstitutional obstacles” to his ability to govern as president. These arguments emphasize the challenges of managing a criminal case during Trump’s upcoming term, which is set to begin on January 20.
Manhattan District Attorney Alvin Bragg’s office has acknowledged the delay, offering to allow Trump time to present his dismissal request. However, Bragg has made it clear that he opposes dismissing the case. Prosecutors have until December 9 to respond to Trump’s motion.
The judge did not provide a timeline for ruling on Trump’s petition and has not set a new date for sentencing. Bragg’s office has suggested postponing the trial process entirely until Trump, now 78, completes his term in the White House in 2029.
The origins of the New York case
The case centers on a $130,000 payment made by Trump’s former attorney, Michael Cohen, to adult film actress Stormy Daniels. The payment was allegedly intended to ensure Daniels’ silence about a claimed sexual encounter with Trump that she said occurred a decade earlier. Trump has denied the affair.
Prosecutors allege that Trump falsified business records to disguise reimbursements to Cohen for the payment, which was made shortly before the 2016 election. In a historic ruling, a Manhattan court found Trump guilty of falsifying records, marking the first time a former or sitting U.S. president has been convicted of a criminal offense.
Trump has consistently denied any wrongdoing, describing the case as a politically motivated effort by Bragg, a Democrat, to undermine his presidential campaign. His defense team has characterized the case as an attempt to interfere with his political ambitions, a claim Trump has repeated publicly.
Potential penalties and legal implications
The charges of falsifying business records carry a potential prison sentence of up to four years. However, legal experts have suggested that it is unlikely Trump would serve time behind bars. Instead, penalties could include fines or probation.
Given Trump’s status as a former president and now president-elect, the case has raised questions about how the justice system handles criminal charges against a sitting or incoming head of state. The case’s timing and its intersection with Trump’s return to office have fueled debates over the separation of powers and the limits of prosecutorial authority.
A politically charged case
The case has become a flashpoint in American politics, with Trump’s supporters rallying around his claims that the prosecution is part of a larger effort to derail his political career. Trump has repeatedly framed the charges as evidence of a partisan attack aimed at weakening his influence and undermining his leadership.
Despite the conviction, Trump’s approval among his political base remains strong. His legal battles, including this case, have done little to dampen his popularity among core supporters, many of whom view the prosecution as politically motivated.
The coming weeks will determine the trajectory of the case, as the court weighs Trump’s motion for dismissal and prosecutors prepare their response. For now, the legal battle continues to cast a shadow over Trump’s return to the presidency, promising further debate over the intersection of law, politics, and the office of the president.
As the case unfolds, it will likely shape not only Trump’s political legacy but also the broader conversation about accountability and justice in American public life.