The decision marks a significant shift in the high-profile legal battle that has entangled Trump for the past couple of years. Prosecutors, who had previously pursued Trump with fervor, now appear to be stepping back—at least temporarily—amid the reality of his electoral victory and the constitutional complexities surrounding prosecuting a sitting president.
In a letter to Judge Juan Merchan, lawyers for the district attorney’s office clarified their stance: while they oppose Trump’s effort to dismiss his criminal conviction outright, they do not object to delaying sentencing and other proceedings until his second term concludes. Trump’s sentencing had been rescheduled for November 26, but the latest developments indicate that date will likely be deferred.
The district attorney’s office proposed December 9 as the deadline for their upcoming filing, which will consider the possibility of dismissing the case. Merchan was slated to decide on Tuesday whether a Supreme Court ruling grants Trump immunity from prosecution in this trial.
“Given the need to balance competing constitutional interests, consideration must be given to various non-dismissal options that may address any concerns raised by the pendency of a post-trial criminal proceeding during the presidency, such as deferral of all remaining criminal proceedings until after the end of Defendant’s upcoming presidential term,” prosecutors wrote.
“The People deeply respect the Office of the President, are mindful of the demands and obligations of the presidency, and acknowledge that Defendant’s inauguration will raise unprecedented legal questions. We also deeply respect the fundamental role of the jury in our constitutional system.” Prosecutors indicated their willingness to pause sentencing for “two reasons,” according to the filing.
“First, as a practical matter, Defendant’s stated plan to pursue immediate dismissal and file interlocutory appeals will likely lead to a stay of proceedings in any event; staying proceedings now until this Court’s resolution of the motion to dismiss would thus avoid unnecessary litigation. Second, proceeding to sentencing now would not avoid the new immunity question that Defendant intends to raise,” the document stated.
The delay leaves open questions about the enforceability of any potential penalties and whether additional cases against Trump in other jurisdictions might proceed.
The district attorney’s office has faced growing scrutiny over its handling of Trump’s case. Trump was found guilty in May of 34 felony charges for falsifying business records connected to a payment made to silence adult film actress Stormy Daniels. This makes Trump the first individual to secure the presidency after being convicted of criminal offenses.
Trump spokesperson Steven Cheung said in a statement, “This is a total and definitive victory for President Trump and the American People who elected him in a landslide. The Manhattan DA has conceded that this Witch Hunt cannot continue. The lawless case is now stayed, and President Trump’s legal team is moving to get it dismissed once and for all.”
Trump appears poised to continue his political comeback unimpeded by legal entanglements—at least for the next four years.
