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Trump says New York conviction should be overturned after Supreme Court immunity ruling

Trump says New York conviction should be overturned after Supreme Court immunity ruling
Trump says New York conviction should be overturned after Supreme Court immunity ruling

 


CNN —

Donald Trump urged the judge in his New York bribery case to overturn his conviction in light of the Supreme Court's ruling on presidential immunity last month, according to a new court filing.

Trump's lawyers argued in a 55-page filing that the jury's guilty verdict should be overturned because the district attorney's office relied on evidence at trial related to Trump's official acts as president, which Trump's lawyers say should not have been allowed in light of the Supreme Court's recent immunity ruling.

To vindicate the doctrine of presidential immunity and protect the interests implicated by its foundations, the jury verdicts must be set aside and the indictment dismissed, Trump's lawyers wrote to Judge Juan Merchan.

The Manhattan U.S. Attorney General violated the doctrine of presidential immunity and the Supremacy Clause by relying on evidence of President Trump’s official acts in 2017 and 2018 to unfairly prejudice President Trump in this unprecedented and baseless prosecution over alleged business records, Trump’s lawyers wrote. Much of the evidence of unconstitutional official acts concerned actions taken under the core executive power to which absolute immunity applies.

The district attorney's office declined to comment for this article.

Last week, Merchan postponed Trump’s sentencing to allow him to file his motion to vacate the conviction. The district attorney’s office will respond later this month, and Merchan said he would decide the matter in September, with a possible sentencing scheduled for Sept. 18, if necessary.

Merchan had originally set Thursday as Trump’s sentencing date, following his conviction in May on 34 counts of falsifying business records, when Trump became the first former U.S. president to be convicted of a crime. But that timetable was scrapped after the Supreme Court’s ruling on presidential immunity last month, in which the court’s conservative wing held that presidents enjoy absolute immunity for essential official acts.

In their filing, Trump's lawyers cited trial testimony, including from White House officials Hope Hicks and Madeleine Westerhout, that they said should not have been presented to the jury, as well as tweets he sent while president.

All of Hicks’ testimony about the events of 2018, when she was White House communications director, concerned official acts based on the core authority of Article II for which President Trump is entitled to absolute immunity, Trump’s lawyers argued. Trump specifically prohibits prosecutors from introducing testimony from a presidential adviser for the purpose of investigating the official act.

The filing says Westerhout was forced to testify about national security issues and her work for Trump, calling prosecutors' questioning invasive.

The compelled and invasive testimony included information about President Trump's work habits, preferences, relationships and contacts in an official capacity, as well as his social media practices at the White House, Trump's lawyers argued.

Trump's lawyers pointed to a March 2018 text message that Westerhout sent to Hicks while they were White House advisers working for Trump: Hey, the president wants to know if you called David Pecker again.

Additionally, Trump's lawyers wrote that Trump, while president, used his Twitter account as one of the White House's primary vehicles for conducting official business.

More generally, allowing prosecutors to use the president’s public statements on matters of public interest in criminal proceedings would diminish the president’s willingness and ability to communicate with the public, they wrote. It would result in an impermissible intrusion into the authority and functions of the executive branch and an undermining of the presidency.

Trump's lawyers also criticized the district attorney's office for not waiting for the Supreme Court before bringing the case to trial.

At its core, the pressure campaign theory was about DANY’s efforts to ascribe criminal motive to actions taken by President Trump in 2018 as commander in chief with responsibility for the entire executive branch, his lawyers wrote. The Manhattan district attorney urged this court to preempt the Supreme Court on a federal constitutional question with serious implications for the functioning of the federal government and the relationship between state and federal officials. The bottom line is clear: DANY was wrong, very wrong.

Following the Supreme Court's decision, Trump's lawyers filed a letter to the judge earlier this month asking for permission to file a motion to overturn the verdict.

Manhattan District Attorney Alvin Braggs' team responded earlier this month by saying Trump's argument was meritless, but also that it did not oppose delaying sentencing while Merchan decides Trump's motion.

The judge announced the same day that he would allow both sides to file briefs this month and that he would rule on the matter on September 6. Trump's sentencing would be postponed until September 18, Merchan wrote if that were still necessary.

The district attorney's response to Trump is expected on July 24.

This story has been updated with additional developments.

Sources

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2/ https://www.cnn.com/2024/07/11/politics/trump-new-york-conviction-argument/index.html

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