Donald Trump’s legal team is urging a New York judge to overturn his conviction related to hush money payments and dismiss the case entirely in the wake of the Supreme Court’s presidential immunity decision.
In a public court filing on Thursday, Trump’s attorneys, Todd Blanche and Emil Bove, criticized Manhattan prosecutors for proceeding with the trial before the Supreme Court issued its ruling on presidential immunity.
They said the prosecution acted prematurely and with disregard for Trump’s legal protections, according to Associated Press.
“Prosecutors disregarded President Trump’s immunity motions and hastened to trial,” wrote Blanche and Bove, pressing Judge Juan M. Merchan to rectify what they termed as “injustices” following the Supreme Court’s decision.
Judge Merchan has scheduled a decision on the defense’s motions for September 6, with Trump’s sentencing set for September 18, pending further developments.
The Supreme Court’s ruling on July 1 provided broad protections for presidents against prosecution for official acts, complicating the use of such acts as evidence in legal proceedings. The decision left the interpretation of what constitutes an official act to lower courts.
Following the ruling, Trump’s lawyers immediately requested Judge Merchan to overturn the verdict and delay Trump’s sentencing, which was initially scheduled for that Thursday.
Trump’s trial commenced on April 15, shortly before the Supreme Court heard arguments in the immunity case.
The conviction on 34 felony counts was related to a $130,000 payment to porn actor Stormy Daniels during the 2016 presidential campaign, which prosecutors described as part of a scheme to silence potential scandals.
Prosecutors alleged that Trump’s former lawyer, Michael Cohen, paid Daniels and was reimbursed through disguised retainer payments, which were falsely logged as legal expenses by Trump’s company. Trump’s defense contends that the jury should not have been exposed to certain evidence, including internal communications and financial disclosures.
The Supreme Court’s decision complicates the prosecution’s narrative that linked Trump’s actions and statements, including his 2018 tweets, to a campaign to influence Cohen’s cooperation with authorities. Trump’s lawyers argue these tweets were legitimate public communications and not part of any illicit scheme.
Previously, Trump’s legal attempts to invoke presidential immunity in moving the case to federal court and delaying the trial had been unsuccessful. Judge Alvin Hellerstein and Judge Merchan both rejected these claims, saying the case’s focus is on personal misconduct rather than official duties.
Potential penalties for falsifying business records range from probation to a maximum of four years in prison. If sentenced to jail or prison, Trump could remain free during the appeals process, but a presidential pardon would not apply, as it is a state case.
