New York Update: Alvin Bragg Files To Keep Trump Conviction

Manhattan DA Alvin Bragg is still fighting to keep President Donald Trump’s conviction in place. He wants Judge Juan Merchan to keep Trump’s conviction on the books but cancel the sentencing, using a bizarre legal theory from another state that is wholly inapplicable to this case.

And, yes, the U.S. Supreme Court has already ruled that a U.S. President cannot be prosecuted for “official acts” performed while in office. Their ruling coincided with the ACLJ’s arguments in an amicus brief filed at the high Court.

One would think that the Justices’ ruling would impede the thousands of district attorneys across America who want to prosecute a sitting President with whom they don’t agree politically. But Bragg isn’t backing down.

Bragg’s latest filing is grasping at straws by referencing a rule developed by Alabama state courts. This rule says that a conviction can stay on the record if a convicted felon dies before completing the appeals process.

Conversely, what is currently enshrined in New York law (and in most other states) is “abatement ab initio.” This rule states that if you are indicted and convicted of a crime and you die before the appeals process is fully exhausted, then the indictment is dismissed and the conviction is vacated.

So Bragg wants Judge Merchan to keep Trump’s conviction in place because of the Alabama law. Bragg’s 82-page brief clearly utilizes a lot of research to reference the Alabama law (and even admits on page 32 that New York doesn’t follow the Alabama law). Bragg’s novel argument isn’t something he came up with overnight to present to the judge.

However, Bragg is making a wild request that is, quite frankly, unheard of. Of course, though, nothing in this case has ever been normal.

Essentially, Bragg is throwing the whole kitchen sink and hoping to get something to stick against Trump. Bragg also just publicly lost a huge case against Daniel Penny and is hearing calls for the Trump Administration to probe his District Attorney’s office. It appears as if Bragg is scrambling to get some kind of victory for his team.

Most judges don’t want to rule based on a novel legal theory – especially in a nationally covered case involving a newly reelected U.S. President. So I don’t think Merchan will buy Bragg’s argument.

But as we’ve seen with the Deep State’s political prosecution of Trump, anything is possible. If the judge sides with Bragg, the President should immediately appeal the ruling.

We also recently found out that the Biden-Harris Administration – just two days after Trump won the 2024 presidential election – sanctioned a $10 billion windfall to Iran. Former Secretary of State Mike Pompeo reacted to this troubling news:

This is just nuts to continue to allow [Iran] to have access to assets that had been previously frozen during the Trump Administration – we didn’t let them have it. We had them almost broke by the time we left . . . and now [the Trump Administration is] going to have to go find a way to get this all back. I’m convinced it can still be done. But an Iran with more money is a more dangerous Iran threatening the American people. You know, they threatened the President of the United States, [and] they’re still trying to chase me and some others. But more broadly, their leverage will only increase with money because it will allow them to get closer to a nuclear capability – something that neither we nor the Israelis can tolerate, nor can the Gulf Arab States tolerate. And so I hope President Trump will come back in, put real pressure on Iran, and we can begin to reestablish a model that creates more peace and more prosperity.

We’ve been stressing that the 76 days between Election Day and Inauguration Day are vitally important. Biden & Harris are still implementing their far-Left agenda, which the $10 billion payment to Iran proves.

During these 76 days of danger, the ACLJ remains vigilant to stop any unconstitutional attacks on faith and freedom. Sign our petition to stop the Biden-Harris Administration, and donate during our ACLJ Faith & Freedom Year-End Drive. Gifts are doubled during this time.

Today’s Sekulow broadcast included a full analysis of Manhattan DA Alvin Bragg’s bizarre legal argument to keep Trump’s conviction in place. Also, ACLJ Senior Counsel and Director of Policy Harry Hutchison commented on the latest inflation numbers for November.

Watch the full broadcast below: