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Judge delays ruling on presidential immunity in Trump bribe case

Judge delays ruling on presidential immunity in Trump bribe case

 


NEW YORK (AP) — The judge in Donald Trump's trial over journalist silencing has pushed back the date of his key ruling on presidential immunity to two days before Trump's scheduled sentencing.

The immunity decision was due on September 6, and sentencing on September 18. But last week, Trump's lawyers asked Judge Juan M. Merchan to rule first in their renewed attempt to get the judge removed from the case.

In a letter made public Tuesday, Judge Juan M. Merchan postponed the immunity decision until Sept. 16 if it is still needed after he decides next week whether to recuse himself.

READ MORE: New York appeals court rejects Trump's request to end non-disclosure order after bribery conviction

Merchan said the Republican presidential candidate is still scheduled to appear in court on Sept. 18 for sentencing or other proceedings, if necessary.

Trump's lawyer Todd Blanche and the Manhattan district attorney's office, which is prosecuting the case, declined to comment.

In May, a jury convicted Trump of falsifying business records to cover up a deal to pay porn star Stormy Daniels shortly before the 2016 election. At the time, she was considering going public with the story of a sexual relationship with Trump a decade earlier.

Trump’s former lawyer Michael Cohen paid Daniels and was later reimbursed by Trump, whose firm counted the reimbursement as legal fees. Prosecutors said this was an attempt to conceal the true nature of the transactions and the underlying agreement to silence rumors.

Trump denies Daniels' accusations, maintains he did nothing wrong and says the case is politically motivated. Manhattan District Attorney Alvin Bragg is a Democrat.

Trump’s lawyers say the Supreme Court’s July ruling on presidential immunity justifies overturning the May guilty verdict and dismissing the bribery case against Trump entirely. The defense also argues that the trial was tainted by evidence that should not have been allowed under the Supreme Court ruling, such as testimony from some of Trump’s White House staffers and tweets he sent while he was president in 2018.

The Supreme Court's decision limits prosecutions of former presidents for official acts and prevents prosecutors from using official acts as evidence that a commander in chief's unofficial actions were illegal.

The Manhattan district attorney's office maintains that the high court's opinion has no relevance to the bribe case because it involves unofficial acts for which the former president is not immune.

READ MORE: Prosecutors fight back against use of immunity to overturn Trump's hush-money conviction

Meanwhile, Trump’s lawyers last week asked Merchan, for the third time, to step down from the case, saying his daughters work for Vice President Kamala Harris. The 2020 presidential campaign is underscoring questions about his ability to be impartial. Harris is now the Democratic nominee for president.

Last year, Merchan rejected two previous recusal requests, saying the defense's concerns were hypothetical and based on innuendo and unsubstantiated speculation.

But Trump attorney Todd Blanche argued that Harris' entry into the presidential race makes those questions even more concrete and said the judge did not address them in sufficient detail.

The bribery case is one of four criminal charges brought against Trump last year.

A federal case accusing Trump of illegally hoarding classified documents at his Mar-a-Lago estate in Florida was dismissed last month. The Justice Department has appealed.

Other federal and state cases in Georgia involving Trump's efforts to overturn his 2020 election defeat are not able to be tried before the November election.

Sources

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2/ https://www.pbs.org/newshour/politics/judge-delays-ruling-on-presidential-immunity-in-trumps-hush-money-case

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