Former President Donald Trump moved to toss out his guilty verdict in the hush money case in New York, telling Judge Juan Merchan his conviction “cannot stand” in light of the Supreme Court’s decision on presidential immunity, according to a letter made public Tuesday.
Trump’s attorneys asked Merchan for permission to submit to the court arguments that evidence used during his trial was in violation of the ruling by the high court, which declared Monday that some acts by presidents are absolutely immune from prosecution.
“The verdicts in this case violate the presidential immunity doctrine and create grave risks of ‘an Executive Branch that cannibalizes itself,'” Trump’s attorneys wrote, citing the immunity decision. “After further briefing on these issues beginning on July 10, 2024, it will be manifest that the trial result cannot stand.”
Trump is set to be sentenced on July 11 after he was found guilty by a jury last month of 34 counts of falsifying records of a payment made to porn star Stormy Daniels ahead of the 2016 election.
Trump’s attorneys asked to have until July 10 to submit their full arguments for what evidence in the case they believe breached presidential immunity.
Prosecutors for Manhattan District Attorney Alvin Bragg responded to Trump’s request, saying they would support delaying Trump’s sentencing by two weeks so they could have time to respond to Trump’s arguments.
If Merchan agrees to the requests, Trump’s sentencing would be postponed until after the Republican National Convention, where he is set to be nominated as the GOP’s presidential candidate.
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Falsifying business records in the first degree carries a four-year prison sentence, but Merchan will have the final say on penalties and will take into consideration mitigating facts, including that Trump has no prior criminal charges on his record.
Trump has also vowed to appeal his conviction, if it still stands after Merchan sorts through arguments related to immunity. Trump must file the appeal notice within 30 days of his sentencing. This could result in the appellate court halting any jail time while the appeals process plays out.