A New York judge on Friday granted Donald Trump permission to seek dismissal of his hush money criminal case, in which he was found guilty earlier this year, in light of his victory in the Nov. 5 U.S. presidential election.
Trump, 78, had been scheduled to be sentenced on Nov. 26. But prosecutors with Manhattan District Attorney Alvin Bragg’s office earlier this week asked New York State Supreme Court Justice Juan Merchan to consider deferring all proceedings in
the case until after Trump finishes his four-year presidential term that begins on Jan. 20.
Lawyers for Trump, a Republican, have argued that the case must be dismissed because having it loom over him while he was president would cause what they called “unconstitutional impediments” to his ability to govern.
Bragg’s office said they would argue against dismissal, but agreed Trump deserved time to make his case through written motions.
Merchan on Friday set a Dec. 2 deadline for Trump to file his motion to dismiss, and gave prosecutors until Dec. 9 to respond.
Trump’s attorneys including Todd Blanche who was recently tapped to the No2 position in the Department of Justice, had argued for the hush money case to be thrown out immediately.
“Just as a sitting president is completely immune from any criminal process, so too is Donald Trump as president-elect,” Blanche and lawyer Emil Bove wrote in a letter to Merchan.
Trump was found guilty in May of falsifying business records in a historic trial, becoming the first president in history to be charged and convicted of a crime.
There were 34 charges against him of falsifying business documents tied to $130,000 hush money payment to adult film actress Stormy Daniels in the run up to the 2016 presidential elections. If the case is dismissed, he could escape a potential jail term.
Trump has long denied any wrongdoing or having sexual relations with Daniel.
With Reuters inputs
