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Trump Urges Judge to Overturn Hush Money Verdict

 July 12, 2024

Former President Donald Trump asked a New York judge to dismiss his New York hush money case, contending that evidence used at trial violated the Supreme Court's recent ruling on presidential immunity.

Trump's legal team argues that his conviction on 34 counts of falsifying business records should be overturned due to what his lawyers claim is an outcome inconsistent with the high court's decision, as the Washington Examiner reports.

The former president's attorneys submitted a 55-page brief to Judge Juan Merchan, calling for the correction of "injustices" they believe occurred during the trial.

Claims Of Supreme Court Rule Violation

The jury found Trump guilty of 34 counts of falsifying business records.

Trump's legal team accused Manhattan District Attorney Alvin Bragg of ignoring Trump's initial arguments on presidential immunity back in March.

The Supreme Court has ruled that presidents enjoy absolute immunity from criminal prosecution for certain official acts. Such activities, according to the ruling, cannot be used as evidence in a prosecution.

Presidential Immunity and Evidence

Trump's attorneys argue that the evidence presented, including testimony from individuals like Hope Hicks and Michael Cohen, did not adhere to the Supreme Court's decision on immunity. They also claim that Trump's posts on X (formerly Twitter) during his presidency were public statements protected by this immunity.

Criticizing the District Attorney's Office, Trump's legal team 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 despite the fact that ‘no court has ever been faced with the question of a President’s immunity from prosecution.’”

Irreparable Harm Claimed

The brief goes on to state: “The record is clear: DANY was wrong, very wrong.” It concludes that the actions of the Manhattan District Attorney’s Office have caused irreparable harm and claims that the most appropriate remedy is a dismissal of the charges.

Judge Merchan had initially set Trump’s sentencing for the day he submitted the dismissal request. However, the sentencing was delayed and is now contingent upon the judge's decision on the dismissal request.

Deadlines Set for Responses

Bragg’s team has until July 24 to respond to Trump’s dismissal request. Judge Merchan is scheduled to issue a decision on Sept. 6, on whether to drop the charges against Trump. If the charges are not dismissed, the judge will proceed with sentencing on Sept. 18.

Trump's attorneys maintained that the use of certain evidence constituted a violation of his immunity and highlighted the importance of upholding the Supreme Court's decisions. They specifically noted that the testimonies and public statements should have been excluded from consideration during the trial.

According to the brief: “The harms caused by DANY’s course of action are irreparable. The appropriate remedy is dismissal."

Key Players in Legal Battle

This legal battle involves high-profile figures like Hope Hicks, Madeleine Westerhout, and Michael Cohen. These witnesses' testimonies are central to the claims of violations of Trump’s presidential immunity, according to his legal team.

The brief draws attention to the unprecedented nature of prosecuting a former president for acts that may be protected under presidential immunity. It underscores that no precedent exists for such a legal position and emphasizes the need to align with the Supreme Court's guidance.

Consequences Of Decision

The implications of Judge Merchan’s decision are significant. If the charges are dismissed, it will be viewed as a substantial victory for Trump and potentially set a precedent for future cases involving presidential immunity.

Conversely, if the charges are upheld, the case will proceed to sentencing, marking a historic moment in the legal and political landscape.

In conclusion, Trump’s recent motion to dismiss his indictment hinges on arguments related to presidential immunity and alleged prosecutorial misconduct. The forthcoming responses from the district attorney’s office and Judge Merchan’s subsequent ruling will determine the next steps in this closely watched case.