Donald Trump’s lawyers are imploring a New York judge to overturn his hush-money conviction and dismiss the case, arguing his historic trial was “tainted” by evidence that shouldn’t have been allowed because of the US supreme court’s recent presidential immunity ruling.
In a court filing dated 10 July but made public on Thursday, defense lawyers said the guilty verdict in the first-ever criminal trial of a US president should be set aside.
“The use of official-acts evidence was a structural error under the federal Constitution,” wrote defense lawyers Todd Blanche and Emil Bove. “The jury’s verdicts must be vacated.”
The supreme court released its immunity decision on 1 July, giving broad protections to presidents and insulating them from prosecution for official acts. It also said evidence of a president’s official acts cannot be used in a prosecution on private matters. The supreme court did not define what constitutes an official act, leaving that to lower courts.
Trump’s defense lawyers said that meant the Manhattan jury’s verdict could not stand. Hours after the supreme court ruling, Trump’s team wrote a letter to the trial judge, Juan Merchan, asking him to set aside the verdict and to delay Trump’s sentencing, due to take place in July. Merchan agreed to delay Trump’s sentencing by two months.
A spokesperson for Manhattan district attorney Alvin Bragg’s office declined to comment on Thursday. Prosecutors have until 24 July to respond. They have previously called Trump’s arguments meritless but agreed to push back the sentencing.
Legal experts said Trump faces steep odds of getting the hush-money conviction overturned, since much of the case involves conduct before his presidency and the evidence from his time in the White House has more to do with private conduct.
The supreme court’s ruling stemmed from a separate case Trump faces on federal charges involving his efforts to undo his 2020 election loss to Joe Biden. It all but ensured Trump would not face trial in that case before the November election.
Trump’s lawyers are also seeking a pause in a third criminal case on charges of mishandling classified documents due to the ruling. Trump has pleaded not guilty to all charges.
In the hush-money case, Trump was found guilty of falsifying business records to cover up his former lawyer Michael Cohen’s $130,000 payment to adult film star Stormy Daniels to remain quiet about a sexual encounter she says she had with Trump. Prosecutors say the payment was designed to boost his presidential campaign in 2016. Trump denies having had sex with Daniels and has vowed to appeal after his sentencing.
Trump lawyers argue that jurors shouldn’t have been allowed to hear about some matters including his conversations with then White House communications director Hope Hicks, testimony from another aide about how Trump got personal mail in the Oval Office, and tweets that he sent while president. Some of the checks and invoices at issue in the case were also from his time as president.
Merchan has said he will decide on Trump’s arguments by 6 September. If the conviction is upheld, Trump will be sentenced on 18 September –less than seven weeks before the election.
Source: US Politics - theguardian.com
