Trump Moves to Overturn Manhattan Conviction, Citing Immunity Decision
Former President Donald J. Trump took the action hours after a U.S. Supreme Court ruling granted him immunity for official acts committed in office.
Donald J. Trump began an effort on Monday to throw out his recent criminal conviction in Manhattan and postpone his upcoming sentencing, citing a new Supreme Court ruling that granted him broad immunity from prosecution for official actions he took as president, according to a person with knowledge of the matter.
In a letter to the judge overseeing the case, Mr. Trump’s lawyers sought permission to file a motion to set aside the verdict, doing so just hours after the Supreme Court issued its landmark ruling involving one of Mr. Trump’s other criminal cases. The letter will not be public until Tuesday at the earliest, after which prosecutors will have a chance to respond.
The move from Mr. Trump’s lawyers came 10 days before the judge was set to sentence the former president for his crimes in Manhattan, where a jury convicted him on 34 felony counts related to his cover-up of a sex scandal in the run-up to the 2016 election. Mr. Trump’s lawyers asked the judge, Juan M. Merchan, to postpone the July 11 sentencing while the judge weighs whether the Supreme Court ruling affects the conviction.
It's not but you know how tough proving intent can be. 'But your honor, was only doing my GOP presidential duty in making sure the election was conducted honestly. Seriously, your honor, i would never coerse anyone.'
For those six (h/t hap) suspremes just making it easier for Trump, in every which way they can, i reckon would be their thinking, more than concentrating on any particular charges he's facing.
On the 34, heh, on and on and ....excerpt:
Lawyers for former President Donald Trump asked a judge to postpone sentencing in his Manhattan hush money trial, the first step in their effort to throw out the verdict following a Supreme Court ruling that granted him broad immunity from prosecution on Monday.
Trump’s attorneys wrote a letter to Judge Juan Merchan, who has overseen the hush money case, asking for permission to file a motion to set aside the verdict, The New York Times first reported. In the missive, they asked Merchan to postpone the former president’s sentencing on July 11 while he considers whether the recent high court ruling impacts Trump’s conviction.
The former president was found guilty on all 34 counts of falsifying business records to cover up allegations of a sexual encounter with the porn star Stormy Daniels in May. The Supreme Court ruled Monday, however, that as president, Trump enjoyed wide immunity for any presidential act that was “official” in nature.
The gambit by Trump’s attorneys may be far-fetched as the ruling only protects a president’s actions while in office, not while they are a candidate, like when those acts central to the hush money trial took place. The Times notes it may also be too late for Merchan to revisit the conviction as a deadline to file post-trial motions has already passed. The judge could inform Trump’s lawyers to air their concerns when they file an eventual appeal.
[Stump image in court, fuck him.]
Still, the former president will likely argue that prosecutors relied on some evidence from Trump’s time in the White House, which would be barred under the Supreme Court decision.
The letter will not be made public until Tuesday at the earliest. Prosecutors in the case will file their own response with the judge afterward.
Trump’s sentencing will be a highly watched moment in political history and comes amid his ongoing campaign for the presidency. While he faces up to four years in prison, Merchan has wide latitude in sentencing guidelines and could order probation or home confinement instead.
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