Bragg's office made the suggestion - one of several about how the case could proceed despite Trump's status as president-elect - in a court filing earlier this week, and acknowledged it was "novel."
Prosecutors also offered other ways Merchan could proceed with the criminal case in which Trump was convicted of 34 felony counts of falsifying business records.
"As President-elect and the soon-to-be President, there can be no further criminal proceedings against President Trump.
The DA's office said Smith relied on guidance regarding federal cases, which is not binding on its case.
In a filing in that case, the DA said, "we cannot prosecute a president while in office.”Trump's attorneys argued that, "Sitting-president immunity requires that President Trump not be subjected to any criminal proceedings."
Persons:
Donald Trump, who's, Alvin Bragg's, Juan Merchan, DANY, Trump, Bragg, Todd Blanche, Emil Bove's, Prosecutors, President Trump, ”, Jack Smith, Smith, Blanche, Bove, Merchan
Organizations:
Manhattan, Trump, Justice Department
Locations:
New York, Alabama