Former President Donald Trump on Monday sent a letter to Judge Juan Merchan which asks the jurist for permission to file a motion to postpone Trump’s July 11 sentencing and dismiss
the case, reported The New York Post.
Trump’s legal team is required to notify Merchan in writing before any motions related to the case can be filed.
Manhattan District Attorney Alvin Bragg’s office said Tuesday it would not oppose former President Donald Trump's request to file a motion arguing that his hush money conviction should be tossed, a move that will almost certainly delay Trump's sentencing, which is currently set for July 11.
"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," assistant district attorney Josh Steinglass wrote in a letter to Judge Juan Merchan.
Prosecutors asked for two weeks to respond to the defense motion.
The defense team’s letter asks Merchan to consider how the Supreme Court’s Monday ruling impacts Trump’s biased May 30 conviction.
The high court’s ruling prevents prosecutors from charging a president for any official acts or using evidence involving official acts to further a prosecution.
The Supreme Court, however, left it up to lower courts to determine what constitutes an official act.
Trump had argued in previous court filings that his social media posts about former fixer Michael Cohen — a key witness for the prosecution – came from his time in the White House and should have been excluded from the trial because of presidential immunity.
Defense attorneys argued Trump's conviction should be thrown out because prosecutors relied on evidence and testimony they believe should have been protected by presidential immunity, including several of Trump's tweets, a government ethics form, and the testimony of former Trump aide Hope Hicks.
"The verdicts in this case violate the presidential immunity doctrine and create grave risks of 'an Executive Branch that cannibalizes itself,'" defense attorney Todd Blanche wrote. "After further briefing on these issues beginning on July 10, 2024, it will be manifest that the trial result cannot stand."
The defense appears to be relying on a portion of the Supreme Court opinion that said, "Testimony or private records of the President or his advisers probing such conduct may not be admitted as evidence at trial."
Trump's lawyers also argued that Trump's social media posts about his former lawyer Michael Cohen, a 2018 filing from the Office of Government Ethics, and phone records from Trump's time in office should have not been allowed.
While Democrats have been dismissive of Trump’s claims the crucial issue may be what evidence gathered from Trump’s official records was allowed in.
One of Trump’s attorneys in the immunity case, Will Scharf, has also claimed that the high court’s ruling now “absolutely” impacts the hush money case, Yahoo News reported.
“The Supreme Court was very clear that for acts that fall within the outer perimeter of the president’s official responsibilities, acts that are presumptively immune from prosecution, that evidence of those acts cannot be used to try essentially private acts,” he told CNN.
It’s unclear if Merchan will revisit the conviction as the deadline for filing post-trial motions has already passed, reported the Post.
Trump hush money conviction
Supreme Court presidential immunity
Judge Juan Merchan
Special Prosecutor Jack Smith
Democrat lawfare
2024 Election
Trump jail time
Trump appeals conviction
July 11 sentencing
postpone sentencing
DA Alvin Bragg
Official Acts vs. Unofficial acts
Michael Cohen testimony
Will Scharf
President Trump's convictions are his red badges of courage, folks.