Explainer: What’s Next in Trump’s Hush Money Criminal Case?

This week, New York prosecutors are set to inform a judge about their proposed course of action regarding President-elect Donald Trump's ongoing criminal case, especially in light of his recent election win. Here’s a breakdown of the current situation and the options available to the prosecutors.

WHERE DOES THE CASE STAND NOW?

At 78, Trump was found guilty in May for falsifying business records related to a $130,000 hush money payment made by his former attorney, Michael Cohen, to adult film actress Stormy Daniels. This payment was intended to keep her quiet about an alleged sexual encounter with Trump before the 2016 election, which he denies. Originally, Trump was supposed to be sentenced on November 26.

However, Justice Juan Merchan recently paused all proceedings in the case at the request of Manhattan District Attorney Alvin Bragg's office. The prosecutors requested additional time to evaluate their next steps, emphasizing the need to balance the "competing interests" of moving forward with the criminal case and safeguarding the integrity of the presidential office. They are expected to outline their next steps on Tuesday.

WHAT ARE PROSECUTORS' OPTIONS?

According to Rebecca Roiphe, a former prosecutor with the Manhattan district attorney's office, it is unlikely that Bragg will push for Trump to be sentenced before the inauguration on January 20.

Roiphe, now a professor at New York Law School, remarked, "That would create a significant disruption in an already tense political climate." Prosecutors might request that Merchan postpone the sentencing indefinitely or suggest delaying any sentence until Trump has exhausted all appeal options, which could take years, according to Roiphe. Joshua Naftalis, a former federal prosecutor, noted that if Bragg decides to proceed with the sentencing, he may not ask for Trump to be placed in custody, on probation, or face any penalties that would limit his freedom.

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Prosecutors can also consider seeking a sentence of unconditional discharge, meaning no punishment at all. Naftalis, now a partner at the law firm Pallas, stated, "They made it clear they were treating him like any other citizen, which was the right approach. However, that stance has shifted now that he is the president-elect."

WHAT DO TRUMP'S LAWYERS SAY?

Trump has consistently labeled the case as a politically charged effort by Bragg, a Democrat, to disrupt his campaign. His defense team has contended that the case should be dismissed entirely, claiming that its presence during his presidency would create "unconstitutional impediments" to his governance. Ultimately, it will be up to Merchan to determine the next steps regarding the case, taking into account the arguments from both sides. Trump's lawyers are expected to challenge any decision that does not result in a dismissal and would likely appeal any unfavorable ruling from Merchan.

WHAT ABOUT PRESIDENTIAL IMMUNITY?

Trump's legal team previously contended that his conviction should be overturned and the charges dropped based on a U.S. Supreme Court decision from July, which stated that presidents cannot be prosecuted for actions taken in their official capacity, and that evidence from those official actions cannot be introduced in trials concerning personal conduct.

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On the other hand, Bragg's office maintained that their case focused solely on personal behavior. Judge Merchan was anticipated to make a ruling on the defense's request on November 12, but he postponed his decision after prosecutors requested additional time to consider their next steps. It remains uncertain when, or if, the judge will determine whether presidential immunity is relevant to this case.