The protracted trial and prosecution of President-elect Donald Trump – in what has become commonly known as the hush money case – appears to be in its final chapter. All that's left is the sentencing, which has already been delayed a couple of times – most recently because Trump won the 2024 presidential election. Now, however, it seems sentencing may not happen at all.
On November 22, Judge Juan Merchan removed Trump's sentencing from the court's schedule, effectively suspending the trial’s conclusion indefinitely. Merchan also gave Trump the go-ahead to file a motion to dismiss. Is this ordeal finally over for the former and future president, or is the court simply kicking this can way down the road?
Trump's Hush Money Case: The Final Chapter, or the End?
Sentencing had previously been pushed to November 26. Manhattan District Attorney Alvin Bragg proposed that it be postponed until 2029 when Trump leaves office after finishing his second White House term. The president-elect’s lawyers, naturally, want the case dismissed and the charges thrown out. In a pre-motion letter to Merchan, Todd Blanche, who Trump has nominated for the position of deputy attorney general, wrote: "On November 5, 2024, the Nation’s People issued a mandate that supersedes the political motivations of DANY’s [District Attorney New York] ‘People,’ This case must be immediately dismissed."
Mr. Trump’s attorney went on to say that "immediate dismissal of this case is mandated by the federal Constitution, the Presidential Transition Act of 1963, and the interests of justice, in order to facilitate the orderly transition of Executive power following President Trump’s overwhelming victory in the 2024 Presidential Election."
Bragg has indicated that he will object to the impending motion to dismiss the hush money case, which Trump’s legal team must file by Monday, December 2. That is hardly surprising, given that the DA unashamedly went after Trump when campaigning for the office he now holds and has since apparently staked his career on going after him, even as crime in New York City is practically spiraling out of control.
Prosecution vs Persecution: A Question of Politics
If the court refuses to dismiss, however, and simply puts the hush money sentencing on hold until Trump is out of office, the incoming president’s opponents will almost certainly use it against him for his entire term. A drinking game would not be advisable. If one were to take a shot every time a Democrat points out that Trump is a convicted felon awaiting sentencing, the next four years would be nothing but a blur. On the other hand, a legal decision like that could backfire on the anti-Trump camp. The 47th president has much to do to implement his agenda. Still, for the next four years, he will likely not miss any opportunity to remind the nation that his political enemies are so vindictive that they are waiting for him to leave office to resume what he has described as their witch hunt.
Additionally, Trump has indicated that he is not interested in pursuing retribution for the years he has been the target of both civil and criminal legal actions. Will he stay true to that, though, if he knows he may be sent to prison within months of leaving the White House?
Bragg’s office performed a feat of legal gymnastics to bring the hush money case at all. Would the court allow sentencing to hang over Trump’s head until 2029 – while he is performing his duties as president? That might very well lead a growing number of people to suspect that, for some, getting Trump is – and was always – more important than the safety, well-being, and prosperity of the American people.
Bragg’s office has until Monday, December 9, to respond after the motion to dismiss is filed. Then the ball is in Merchan's court. If past performance is anything to go by, the court will hand down a ruling sometime before the end of the year – maybe.
