Have 34 felony counts against Trump been dropped after US presidential election?
This article was originally published by Radio Free Asia and is reprinted with permission.
Manhattan District Attorney's Office dropped the case against President-elect Donald Trump in which he was convicted of 34 felony counts involving falsifying business records, following his presidential election victory.
But the claim is false. Documents released by the court on Nov. 19 show that the prosecution intends to proceed with post-trial sentencing and denies Trump's impending presidency is sufficient grounds to dismiss the case.
The claim was shared on X on Nov. 22, 2024.
'Donald Trump's sentencing for 34 criminal charges in the state of New York abruptly adjourned by Judge Merchan without explanation. All charges have been dropped,' the claim reads.
Former President Trump secured a second, non-consecutive term by defeating Vice President Kamala Harris in the 2024 U.S. presidential election on Nov. 5.
In March 2023, a Manhattan grand jury indicted Trump on 34 felony counts of falsifying business records.
The indictment accused Trump of orchestrating hush money payments to adult film actress Stormy Daniels to suppress information about a sexual encounter that she says they had aiming to influence the 2016 presidential election. Trump denies any sexual encounter with Daniels.
The payments were purportedly disguised in business records as legal expenses to conceal their true purpose.
The claim that the felony accounts against Trump were dropped following the election is incorrect.
Charge vs account
Chinese social media users appear to have confused the terms 'charges' and 'counts.'
A 'charge' refers to a specific crime someone is accused of committing, while a 'count' indicates the number of times the person is accused of committing that crime.
In Trump's case, he was accused of one crime – falsifying business records – but was charged with committing it 34 separate times.
To be proceeded
The Manhattan district attorney offices' charge against Trump has not been dropped.
Documents released by the court on November 19 show that the prosecution intends to proceed with post-trial sentencing and denies Trump's impending presidency is sufficient grounds to dismiss the felony counts against him.
However, the prosecution noted that it will consider a stay of proceedings, which would pause sentencing until after Trump leaves office after his second term ends in four years.
It stated this would allow the court 'to balance competing constitutional interests.'
Uncertainties
On Nov. 22, the presiding judge Juan Merchan postponed sentencing to receive more arguments from both sides.
Trump's lawyers were ordered to file their arguments for dismissal by Dec. 2, while the prosecutors were given until Dec. 9 to submit their arguments for proceeding with the conviction.
Given the unique situation of a president-elect awaiting criminal sentencing, the exact outcome of the case is still unclear.
While the prosecution has signaled its plans to continue forward with sentencing at some point in the future, Trump's lawyers are still attempting to have the case dismissed.
U.S. constitutional law expert Robert Mcwhirter said in an interview with the American broadcaster CBS that any sentencing against Trump would likely be enforced after leaving his second term in office.
However, Mcwhirter noted there is 'a slim chance' that he could impose a short prison sentence on Trump before his inauguration in January 2025 or probationary measures during his time in office.
Other cases
In addition to the Manhattan court case, one other state-level criminal case in Georgia and two federal criminal cases have been brought against Trump .
Following Trump's election victory, the Department of Justice dismissed the two federal cases against him on Nov. 25.
The case in Georgia is stalled in pretrial procedures and its progress is unclear.
A Supreme Court decision from July 2024 ruled that Trump was ineligible to be prosecuted for acts that fall under the president's 'core constitutional powers.'
The president's 'unofficial acts' share no such immunity.
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