Donald Trump is making a new push to get his New York hush-money conviction tossed out after the US Supreme Court ruled that he has substantial immunity from criminal prosecution for actions he took while president.
The former president’s lawyers on Monday took preliminary steps to request that a New York judge set aside the jury’s verdict against him.
They also proposed delaying his July 11 sentencing in the meantime to allow time for briefing and arguments, according to a person familiar with the situation who declined to be identified discussing nonpublic matters.
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Trump's lawyers request delay in sentencing
The letter, which Trump’s lawyers will submit to Justice Juan Merchan, won’t be made public until at least Tuesday. They will ask for permission to formally argue that the conviction should be set aside.
A spokesperson for Trump and for Manhattan District Attorney Alvin Bragg, who prosecuted the case, didn’t immediately return requests for comment.
{{/usCountry}}A spokesperson for Trump and for Manhattan District Attorney Alvin Bragg, who prosecuted the case, didn’t immediately return requests for comment.
{{/usCountry}}Earlier on Monday, in a 6-3 decision, the high court held that former presidents are shielded from prosecution for an array of official acts. The opinion reversed lower court rulings that had rejected Trump’s claim of absolute immunity against federal charges related to his efforts to overturn the 2020 election results.
The majority sent the case back to a federal judge in Washington to oversee another round of legal wrangling over what exactly could survive in the federal indictment.
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But as the latest activity in New York showed, the majority’s decision is expected to have ripple effects in the other criminal cases pending against the former president.
Trump was convicted by a Manhattan state jury in May of 34 counts of falsifying business records after he directed his former lawyer Michael Cohen to pay $130,000 to adult-film star Stormy Daniels before the 2016 election. He could face as long as 1 1/3 to four years in prison.