曼哈顿地区检察官办公室的检察官周二表示，他们将反对当选总统特朗普试图解雇他的罪犯封口费定罪但是他们告诉法官他们不反对暂停这个案子。
这位前总统在今年早些时候被判犯有34项重罪后，在选举出现“前所未有的情况”后，地方检察官办公室面临周二提出下一步行动的最后期限。
特朗普在刑事案件中的量刑是暂定对于11月26日，尽管辩护律师已经要求纽约法官胡安·马尔康在特朗普即将就职之前驳回此案。
特朗普的律师在周二公布的一份文件中提出了驳回此案的新论点，写道此案必须驳回，因为在任总统可以免于起诉。
“要求特朗普总统在这一点上解决进一步的刑事诉讼不仅违反了联邦宪法，也扰乱了总统过渡进程，”辩护律师托德·布兰奇和埃米尔·博韦写道，特朗普上周提名他们两人担任总统候选人顶级DOJ帖子在他的新政府中。
检察官驳回了这一主张，辩称总统豁免权不适用于已经因完全属于私人的行为被定罪的被告。
地区检察官办公室建议推迟该案的所有剩余诉讼，包括11月26日的判决，直到特朗普2029年离开白宫。
“人民深深地尊重总统的职位，意识到总统的要求和义务，并承认被告的就职会引起前所未有的法律问题。我们也非常尊重陪审团在我们宪法体系中的基本作用，”检察官写道。
辩护律师辩称，尽管特朗普尚未成为总统，但总统豁免权在过渡过程中同样适用，并补充说，他们对此案的上诉将“需要一年或更长时间”，并可能到达最高法院，将此案拖到就职日之后。
“特朗普总统在全国大选中取得压倒性胜利后的现状与就职后的在任总统之间没有实质性区别，”他们的文件称。
关于此案的下一步，Merchan法官将有最终决定权。
自7月份以来，特朗普的律师一直在推动撤销定罪，并驳回该案，理由是检察官用最高法院最近在其里程碑中裁定禁止的官方行为的证据填补了“他们案件中明显的漏洞”总统豁免决定.
特朗普的律师也援引了1963年的《总统过渡法案》，主张驳回诉讼。该法案敦促政府官员采取“合法措施，避免或尽量减少对总统过渡的干扰”。
检察官辩称，最高法院关于特朗普有权因任职期间的官方行为免受刑事起诉的裁决与特朗普的定罪无关。
“人们一致认为这是前所未有的情况，”检察官Matthew Colangelo上周告诉法庭。
特朗普在5月份被判犯有34项重罪伪造商业记录与封口费向成人电影女演员斯托米·丹尼尔斯支付款项有关，以平息关于2006年与特朗普发生性关系的指控，以提高特朗普在2016年总统大选中的选举前景。
他的定罪最高可判四年监禁，但初犯通常会得到较轻的判决。
Prosecutors in Trump hush money case oppose dismissal, but are OK pausing case
Prosecutors with the Manhattan district attorney's office said Tuesday they would oppose President-elect Trump's attempt to dismiss his criminalhush money convictionin New York -- but they told the judge they do not object to pausing the case.
The DA's office faced a Tuesday deadline to propose the next steps in the case after the "unprecedented circumstances" of the former president's election following his conviction on 34 felony counts earlier this year.
Trump's sentencing in the criminal case istentatively scheduledfor Nov. 26, though defense attorneys have asked New York Judge Juan Merchan to dismiss the case ahead of Trump's impending inauguration.
Trump's lawyers laid out their new argument to dismiss the case in a filing made public Tuesday, writing that the case must be dismissed because a sitting president is immune from prosecution.
"To require President Trump to address further criminal proceedings at this point would not only violate the federal Constitution, but also disrupt the Presidential transition process," wrote defense lawyers Todd Blanche and Emil Bove, both of whom Trump nominated last week totop DOJ postsin his new administration.
Prosecutors pushed back on that claim, arguing that presidential immunity would not apply to a defendant who had already been convicted for conduct that is entirely private.
The district attorney's office instead suggested deferring all remaining proceedings in the case, including the Nov. 26 sentencing, until after Trump leaves the White House in 2029.
"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 wrote.
Defense lawyers argued that, while Trump is not yet president, presidential immunity equally applies during the transition process and added that their appeal of the case would "take a year or more" and possibly reach the Supreme Court, dragging the case well past Inauguration Day.
"There is no material difference between President Trump's current status after his overwhelming victory in the national election and that of a sitting President following inauguration," their filing said.
Judge Merchan will have the final say regarding the next steps in the case.
Since July, Trump's attorneys have been pushing to have the conviction vacated and the case dismissed by arguing that prosecutors filled "glaring holes in their case" with evidence of official acts that the Supreme Court recently ruled off limits in its landmarkpresidential immunity decision.
Trump's lawyers have also argued for a dismissal by citing the Presidential Transition Act of 1963, which urges government officers to take "lawful steps to avoid or minimize disruptions" to the presidential transition.
Prosecutors have argued that the Supreme Court's ruling that Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office has no bearing on Trump's conviction.
"The People agree that these are unprecedented circumstances," prosecutor Matthew Colangelo told the court last week.
Trump was convicted in May of all 34 felony counts offalsifying business recordsrelated to a hush money payment to adult film actress Stormy Daniels to silence allegations about a 2006 sexual encounter with Trump in order to boost his electoral prospects in the 2016 presidential election.
His conviction carries a maximum penalty of up to four years in prison, but first-time offenders would normally receive a lesser sentence.
