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Trump seeks to set aside New York hush money verdict hours after Supreme Court ruling
Associated Press ^ | 7/1/2024 | Michael R. Sisak and Jake Offenhartz

Posted on 07/01/2024 6:10:08 PM PDT by usafa92

NEW YORK (AP) — Donald Trump’s lawyers on Monday asked the New York judge who presided over his hush money trial to set aside his conviction and delay his sentencing, scheduled for later this month.

The letter to Judge Juan M. Merchan cited the U.S. Supreme Court’s ruling earlier Monday and asked the judge to delay Trump’s sentencing while he weighs the high court’s decision and how it could influence the New York case, according to the letter obtained by The Associated Press.

The lawyers argue that the Supreme Court’s decision confirmed a position the defense raised earlier in the case that prosecutors should have been precluded from introducing some evidence they said constituted official presidential acts, according to the letter.

In prior court filings, Trump contended he is immune from prosecution for conduct alleged to involve official acts during his tenure in office. His lawyers did not raise that as a defense in the hush money case, but they argued that some evidence — including Trump’s social media posts about former lawyer Michael Cohen — comes from his time as president and should have been excluded from the trial because of immunity protections.

The Supreme Court on Monday ruled for the first time that former presidents have broad immunity from prosecution, extending the delay in the Washington criminal case against Trump on charges he plotted to overturn his 2020 presidential election loss.

Trump was convicted in New York of 34 counts of falsifying business records, arising from what prosecutors said was an attempt to cover up a hush money payment just before the 2016 presidential election.

Merchan instituted a policy in the run-up to the trial requiring both sides to send him a one-page letter summarizing their arguments before making longer court filings. He said he did that to better manage the docket, so he was not inundated with voluminous paperwork.


TOPICS: Government; News/Current Events; Politics/Elections
KEYWORDS: hushmoneytrial; hushmoneyverdict; immunity; merchan; scotus; trump
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Merchan will most likely take a dump on this, but Trump’s lawyers are arguing that parts of their defense rested on actions Trump took that were now deemed to be protected by immunity and thus were prejudicial to the berdict. Assuming Merchan denies this motion, this may be the vehicle to get in front of the Supreme Court rather quickly.
1 posted on 07/01/2024 6:10:08 PM PDT by usafa92
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To: usafa92

Trump is busy taking action, while Briben is taking a dump.


2 posted on 07/01/2024 6:19:38 PM PDT by Huskrrrr (Alinsky, you magnificent Bastard, I read your book!)
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To: usafa92

If Merchan doesn’t throw out the verdict, it means he’s going to do what Mike Davis told Jack Posobiec...... give Trump a multi-year prison sentence.


3 posted on 07/01/2024 6:22:11 PM PDT by Macho MAGA Man (The last two wen't balloons. One was a cylindrical objects Trump is being given the Alex Jones tr)
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To: usafa92
We have a system called Impeachment to deal with "high crimes and misdemeanors" while in office. The Senate did not vote to remove him after either impeachment.

Why do any of these court cases exist?

4 posted on 07/01/2024 6:29:11 PM PDT by Sacajaweau
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To: usafa92

Let’s Roll!

Trump Team on it making swift moves!

We Have Trump moving forward as Dems look for revenge on SCOTUS Ruling today!


5 posted on 07/01/2024 6:29:35 PM PDT by djstex ( (All I Have to Say... President Trump was right about everything!))
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To: usafa92

SCOTUS is in recess until October.


6 posted on 07/01/2024 6:33:16 PM PDT by Shady (The Force of Liberty must prevail for the sake of our Children and Grandchildren...)
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To: usafa92

Nope, not gonna happen. His conviction was a result of pre-presidential inauguration. They’re gonna lock up Trump for 5-10 years.


7 posted on 07/01/2024 6:34:36 PM PDT by DownInFlames (P)
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To: Sacajaweau

Impeachment isn’t designed to do that. Congress isn’t a criminal court, and Treason, Bribery, or other high Crimes and Misdemeanors should be dealt with like any other situation in court. Then after a conviction, Impeachment would handle the removal of a president, vice president, or civil officer. Impeachment without a criminal conviction is a mere political act at best.


8 posted on 07/01/2024 6:46:29 PM PDT by Theoria
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To: usafa92

Given today’s SCOTUS decision and the fact that DJT has a good lead over The Big Guy in the polls there can be no doubt that this wetback judge will sentence him to something much harsher than probation. *Anything* to prevent DJT winning in November.


9 posted on 07/01/2024 6:46:56 PM PDT by Gay State Conservative (Never Trust A Man Whose Uncle Was Eaten By Cannibals)
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To: Shady

Emergency appeals can be heard by SCOTUS at any time.


10 posted on 07/01/2024 6:49:08 PM PDT by CA Conservative (Free at last, free at last, thank God Almighty, I am free at last)
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To: DownInFlames

It’s easy to imagine the Federal courts granting an emergency appeal if that were to happen.


11 posted on 07/01/2024 6:49:31 PM PDT by Gay State Conservative (Never Trust A Man Whose Uncle Was Eaten By Cannibals)
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To: CA Conservative

Beat me by about 20 seconds.


12 posted on 07/01/2024 6:50:26 PM PDT by Gay State Conservative (Never Trust A Man Whose Uncle Was Eaten By Cannibals)
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To: Shady

Not for emergency appeals.


13 posted on 07/01/2024 7:28:48 PM PDT by DesertRhino (2016 Star Wars, 2020 The Empire Strikes Back, 2024... RETURN OF THE JEDI. )
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To: DownInFlames

I don’t think so.
The backfire would be
huge. They’re going to be
content with a hefty
fine and a felony
conviction.
Nobody in their right mind
would elect a felon into
office is their intended
message.


14 posted on 07/01/2024 9:01:36 PM PDT by Lean-Right (Eat More Moose)
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To: usafa92
arising from what prosecutors said was an attempt to cover up a hush money payment just before the 2016 presidential election.

He attempted to cover up a hush money payment just before the 2016 presidential election. But the first payment was made in February 2017, after he was sworn in as president.

15 posted on 07/01/2024 9:31:45 PM PDT by 17th Miss Regt ( )
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To: DownInFlames

It would remind voters how corrupt democrats are and guarantee Trump’s election.


16 posted on 07/01/2024 9:50:10 PM PDT by virgil (The evil that men do lives after them )
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To: Theoria

You’re off on la-La land. Of course impeachment is the way to handle it. I don’t know how old you are, but you must be aware that Presidents do many iffy things. Not just Trump. Presidents are typically not held legally accountable because of the s-storm guilty verdicts would cause in the country. For example, if Obama were found guilty of murdering that American with a missile, his supporters would burn the country down. It’s a bit of a wink and nod, but presidents are above the law… that’s how much power they have. Just be thankful they are only in office for 8 years. Impeachment is therefore the only reasonable option.

If this law date is allowed to continue, the country could be spun into chaos. It had to be stopped. If Biden, we’re truly a wise politician, he would be speaking out this lawfare, take the high road. But, he’s not wise. Either are the Dems.


17 posted on 07/02/2024 12:46:46 AM PDT by Mustangman
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To: usafa92

I’m afraid Merchan might double down on Trump’s sentence in retaliation for the debate fiasco and the USSC decision.


18 posted on 07/02/2024 12:52:47 AM PDT by Trump_Triumphant ("They recognized Him in the breaking of the Bread”)
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To: Theoria

WHo are you? Impeachment IS a polical act ON PURPOSE by design. After removal from office any legal action can then be taken, or not.


19 posted on 07/02/2024 1:00:17 AM PDT by central_va (I won't be reconstructed and I do not give a damn...)
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To: 17th Miss Regt

An NDA is not some sinister “hush money” deal. LOL....


20 posted on 07/02/2024 1:01:41 AM PDT by central_va (I won't be reconstructed and I do not give a damn...)
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