Decision on whether to overturn Donald Trump's hush money conviction in New York delayed

CNN-

New York Judge Juan Merchan agreed Tuesday to give Manhattan prosecutors and Donald Trump's lawyers a week to determine how to proceed in Trump's hush money case now that Trump has been re-elected, raising new questions as to whether Trump will ever be sentenced after being found guilty in May.

It's the latest case where Trump's resounding victory last week erased the likelihood that he would face legal repercussions after being indicted four times last year.

Any convictions following Trump's May criminal conviction in New York are at risk. Special counsel Jack Smith is in talks with Justice Department leaders about how to end the federal prosecution of Trump. The Georgia election subversion case continues to be delayed due to legal disputes over the status of Fulton County Prosecutor Fani Willis. And a federal judge appointed by Trump dismissed charges against Trump for mishandling classified documents.

Trump's lawyers and the Manhattan District Attorney's Office have agreed to delay activity in the hush money case until Tuesday, November 19, to give the president-elect's lawyers and the District Attorney's Office district time to present new arguments about the impact of Trump's election victory on the case. .

Merchan was expected to rule Tuesday on whether to overturn the business fraud conviction based on this summer's Supreme Court ruling on presidential immunity.

Instead, both sides agreed to a motion to delay existing deadlines.

The People agree that these are unprecedented circumstances and that the arguments made by defense counsel in correspondence with the People on Friday require careful consideration to ensure that any further steps in this proceeding appropriately balance the competing interests (1) of a jury verdict of guilty following a trial which has the presumption of due process; and (2) the Office of the President, Attorney Matthew Colangelo wrote to the judge.

Trump's attorney, Emil Bove, argued in correspondence released by the court Tuesday that the charges against Trump should be dismissed.

Suspension and removal are necessary to avoid unconstitutional impediments to President Trump's ability to govern, Bove wrote.

Merchan was expected to rule Tuesday on Trump's motion to overturn his conviction on 34 counts of falsifying business records after the U.S. Supreme Court determined in June that Trump should be granted broad immunity for official acts during his mandate.

This question allowed Trump to twice delay his sentencing. The Supreme Court's immunity ruling also blocked Trump's federal election subversion case in Washington, DC, indefinitely.

Trump argues that the charges should be dismissed or at least his conviction should be overturned because the prosecutor's office relied on evidence related to his official actions as president during his first term that would not have had to be presented to the jury during the trial.

The Manhattan District Attorney Violated the Doctrine of Presidential Immunity and the Supremacy Clause by Relying on Evidence Related to President Trump's Official Acts in 2017 and 2018 to Unjustly Prejudice President Trump in This Unprecedented Prosecution and unfounded relating to alleged business records, Trump's lawyers wrote in July. Much of the evidence of unconstitutional official acts concerned actions taken under central executive power for which absolute immunity applies.

Manhattan District Attorney Alvin Braggs' office said Trump's conviction should stand and that the evidence presented at trial was overwhelming.

Prosecutors say the Supreme Court's ruling on the evidence does not apply to this case because the crimes Trump was convicted of falsifying business records to interfere in the 2016 presidential election were not. not official acts as president.

In court filings, Trump's lawyers argued that trial testimony, including that of White House aides Hope Hicks and Madeleine Westerhout, as well as tweets sent by Trump when the president allegedly did not should not have been presented to the jury.

The jury should not have heard any testimony from Hope Hicks about events that occurred in 2018 while she was White House communications director, Trump's lawyers argued. The Supreme Court's decision specifically prohibits prosecutors from offering testimony from the president's advisers for the purpose of investigating official action, his lawyers wrote.

Trump's lawyers also said that while he was president, Trump used his Twitter account as one of the White House's primary vehicles to conduct official business. So they said the tweets from Trump's official social media account resembled a series of posts from 2018 denying Stormy Daniels' hush money scheme. should not have been presented as evidence at trial.

Prosecutors responded by arguing that Trump's lawyers did not raise objections during the trial to much of the evidence they now question and therefore could not challenge it after the trial.

This story has been updated with additional developments.

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