Donald J. Trump’s lawyers want to argue that a Supreme Court decision giving presidents immunity for official acts should void his felony conviction for covering up hush money paid to a porn star.
Manhattan prosecutors on Tuesday agreed with Donald J. Trump’s request to postpone his criminal sentencing so that the judge overseeing the case could weigh whether a recent U.S. Supreme Court ruling might imperil his conviction, new court filings show.
It is up to the judge to determine whether to postpone the sentencing, though with both sides in agreement, it seems likely he would do so.
Mr. Trump, who was convicted of 34 felony counts of falsifying business records related to his cover-up of a sex scandal during his 2016 presidential campaign, was scheduled to be sentenced on July 11. He faces up to four years in prison, though he could receive as little as a few weeks in jail, or probation.
On Monday, the Supreme Court granted Mr. Trump broad immunity from prosecution for official actions taken as president, dealing a major setback to his federal criminal case in Washington, where he is accused of plotting to overturn his 2020 election loss.
Although the Manhattan case does not center on Mr. Trump’s presidency or official acts — but rather personal activity during his campaign — his lawyers argued on Monday that prosecutors had built their case partly on evidence from his time in the White House. And under the Supreme Court’s new ruling, prosecutors not only cannot charge a president for any official acts, but also cannot cite evidence involving official acts to bolster other accusations.
In a letter to the judge who presided over the trial, Juan M. Merchan, Mr. Trump’s lawyers argued that the conviction should be set aside. They also asked Justice Merchan to postpone the sentencing while he considered their request.
In response to the letter from Mr. Trump’s lawyers, the district attorney’s office wrote that prosecutors did not oppose Mr. Trump’s request to delay the sentencing.
“Although we believe defendant’s arguments to be without merit, we do not oppose his request for leave to file and his putative request to adjourn sentencing pending determination of his motion,” wrote Joshua Steinglass, one of the assistant district attorneys who tried the case against the former president.
Mr. Trump’s lawyers proposed filing their court papers on July 10, and the district attorney’s office said it would respond two weeks later.
This is a developing story and will be updated.
Source: Elections - nytimes.com
