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Trump lawyers press judge to overturn hush money conviction
Attorney Blog News |
2024/07/04 12:48
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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 Supreme Court’s recent presidential immunity ruling.
The former president’s lawyers laid out their case for reversing the guilty verdict in a court filing made public Thursday, denouncing Manhattan prosecutors for rushing to try Trump while the high court was still considering his immunity claims. Trump was convicted in May of falsifying records to cover up a potential sex scandal. He is the first ex-president convicted of a crime.
Trump’s lawyers Todd Blanche and Emil Bove urged the trial judge, Juan M. Merchan, to vacate the jury’s verdict and dismiss the indictment, which would prevent prosecutors from retrying the case. Merchan has said he’ll rule on the defense’s requests on Sept. 6 and will sentence Trump on Sept. 18, “if such is still necessary.” Prosecutors have until July 24 to respond to the defense’s arguments.
“Rather than wait for the Supreme Court’s guidance, the prosecutors scoffed with hubris at President Trump’s immunity motions and insisted on rushing to trial,” Blanche and Bove wrote. Addressing Merchan directly, they said: “Your Honor now has the authority to address these injustices, and the court is duty-bound to do so in light of the Supreme Court’s decision.”
The Supreme Court released its immunity decision on July 1, giving broad protections to presidents and insulating them from prosecution for official acts. It also restricted prosecutors from citing any official acts as evidence in trying to prove a president’s unofficial actions violated the law.
Hours later, Trump’s lawyers wrote a letter to Merchan asking him to set aside the verdict and to delay Trump’s sentencing, which had been scheduled for Thursday. The Supreme Court did not define what constitutes an official act, leaving that to lower courts.
Trump’s trial began April 15. The Supreme Court didn’t hear arguments on his immunity claims until April 25.
Trump was convicted on May 30 on 34 felony counts of falsifying business records arising from what prosecutors said was an attempt to cover up a $130,000 hush money payment to porn actor Stormy Daniels just before the 2016 presidential election.
Daniels claims she had a sexual encounter with Trump in 2006. Trump has repeatedly denied that claim, saying at his June 27 debate with President Joe Biden, “I didn’t have sex with a porn star.” He has vowed to appeal the conviction but would not be able to do so until he is sentenced. |
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