Donald Trump’s lawyers are urging the judge in his New York hush money case to overturn his conviction and dismiss the case in light of the recent Supreme Court ruling on presidential immunity.
In papers made public Thursday, the former president’s lawyers argued that prosecutors rushed to try Trump before the Supreme Court had ruled on his immunity claims. Trump was convicted in May of falsifying records to cover up a potential sex scandal, becoming the first ex-president convicted of a crime.
Trump’s lawyers, Todd Blanche and Emil Bove, wrote, “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. 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.”
Merchan is expected to rule on the defense’s requests on Sept. 6 and to sentence Trump on Sept. 18. Prosecutors have until July 24 to respond to the defense’s arguments.
After the Supreme Court’s decision on July 1, Trump’s lawyers raised it with Merchan, asking him to set aside the jury’s guilty verdict.
The ruling granted presidents broad immunity protections for official acts, limiting prosecutors from using official acts as evidence to prove unofficial actions violated the law. The definition of an official act was left to lower courts to determine.
Trump’s lawyers argued that jurors shouldn’t have been exposed to certain evidence, including conversations with Hope Hicks, testimony about personal mail in the Oval Office, and tweets he sent as president. Checks and invoices involved in the case were also from his time as president.
Trump’s trial began April 15, after the Supreme Court heard arguments on the immunity issue on April 25.
A Manhattan jury convicted Trump on May 30 of falsifying records in connection with a $130,000 hush money payment to Stormy Daniels. Trump has denied the claims made by Daniels.
Trump’s lawyers have vowed to appeal the conviction once he is sentenced, as the ongoing immunity fight and sentencing delay have prevented him from facing potential prison time just ahead of the Republican National Convention.
