Prosecutors open to delaying Trump's hush money sentencing

• Trump's lawyers had encouraged Merchan to throw the case out "to facilitate the orderly transition of executive power." The legal team has also requested a new trial for Trump, and a decision on that is still pending.
• If Merchan dismisses the case, it would be a huge win for Trump, the first president convicted of a felony, who has evaded potential imprisonment by securing a second presidential term. He was indicted in three other cases, all of which have been on ice or undercut for months.

State of play: In the filing, prosecutors acknowledged that "consideration must be given" to pausing the case until Trump's second term ends.

• Prosecutors also stated that they "are mindful of the demands and obligations of the presidency" and recognize that Trump's White House return presents "unprecedented legal questions."
• However, they said they are opposed to efforts to dismiss the case altogether, as Trump's legal team has urged Merchan to do.
• Steven Cheung, a spokesperson for Trump, said Tuesday the "lawless case is now stayed," applauding a "total and definitive victory for President Trump."

• However, no decision has been made on the next steps regarding the case.

Context: Trump's victory in the 2024 election, along with the Supreme Court's ruling over the summer that presidents have immunity for "official acts" while in office, upended the future of the criminal cases against him.

• In May, Trump was convicted on 34 counts in New York for falsifying business records in connection with a 2016 hush money payment to adult film actress Stormy Daniels over an alleged sexual encounter.
• He has denied all wrongdoing.

Go deeper:

• Judge grants request to pause Trump's hush money case
• Jack Smith asks court to pause Trump classified docs case appeal

Editor's note: This story has been updated with information from Tuesday's legal filing by the prosecutors.