Trump lawyers invoke immunity ruling in bid to toss hush money verdict
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[July 12, 2024]
By Luc Cohen
NEW YORK (Reuters -Donald Trump's lawyers on Thursday said Manhattan
prosecutors improperly relied on evidence of the former U.S. president's
official acts in securing his conviction on criminal charges stemming
from hush money paid to a porn star.
In a court filing dated July 10 but made public on Thursday, defense
lawyers said the May 30 guilty verdict in the first-ever criminal trial
of a U.S. president should be set aside following the U.S. Supreme
Court's ruling on presidential immunity.
They said evidence of official acts that were improperly shown to the
jury included Trump's conversations with former White House aide Hope
Hicks and some of his Twitter posts while he was in office from 2017 to
2021.
"The use of official-acts evidence was a structural error under the
federal Constitution," defense lawyers Todd Blanche and Emil Bove wrote.
"The jury's verdicts must be vacated."
Justice Juan Merchan this month delayed Trump's sentencing by two months
after defense lawyers said the justices' July 1 ruling that presidents
cannot face criminal charges over official acts meant prosecutors should
not have shown evidence from Trump's time in the White House at trial.
The Supreme Court's decision said evidence of a president's official
acts cannot be used in a prosecution on private matters. Trump's defense
lawyers said that meant the Manhattan jury's verdict could not stand.
A spokesperson for Manhattan District Attorney Alvin Bragg's office
declined to comment. Prosecutors have until July 24 to respond. They
have previously called Trump's arguments meritless but agreed to push
back the sentencing.
Legal experts said Trump faces steep odds of getting the hush money
conviction overturned, since much of the case involves conduct before
his presidency and the evidence from his time in the White House has
more to do with private conduct.
The Supreme Court's ruling stemmed from a separate case Trump faces on
federal charges involving his efforts to undo his 2020 election loss to
Joe Biden. It all but ensured Trump would not face trial in that case
before the Nov. 5 election.
Trump's lawyers are also seeking a pause in a third criminal case on
charges of mishandling classified documents due to the ruling. Trump has
pleaded not guilty to all charges.
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Republican presidential candidate and former U.S. President Donald
Trump attends a press conference, the day after a guilty verdict in
his criminal trial over charges that he falsified business records
to conceal money paid to silence porn star Stormy Daniels in 2016,
at Trump Tower in New York City, U.S., May 31, 2024. REUTERS/Brendan
McDermid/File Photo
'PRESSURE CAMPAIGN'
In the hush money case, Trump was found guilty of falsifying
business records to cover up his former lawyer Michael Cohen's
$130,000 payment to adult film star Stormy Daniels to remain quiet
about a sexual encounter she says she had with Trump. Prosecutors
say the payment was designed to boost his presidential campaign in
2016, when he defeated Democrat Hillary Clinton.
Trump denies having had sex with Daniels and has vowed to appeal
after his sentencing.
Defense lawyers took issue with the use as evidence of tweets Trump
sent in 2018 about Cohen to bolster what prosecutors called a
pressure campaign on him to not cooperate with investigations into
Trump. Cohen pleaded guilty that year to violating campaign finance
law with the payment.
Prosecutors argued those tweets showed Trump was aware that Cohen
had paid off Daniels.
But Trump's lawyers said those tweets were official communications,
and that using them as evidence in a criminal case set a dangerous
precedent.
"Permitting prosecutors to use a President's public statements on
matters of public concern in criminal proceedings would chill the
President's willingness and ability to communicate with the public,"
they wrote.
Merchan has said he will decide on Trump's arguments by Sept. 6. If
the conviction is upheld, Trump will be sentenced on Sept. 18 - less
than seven weeks before the election.
(Reporting by Luc Cohen in New York; Editing by Noeleen Walder and
Jamie Freed)
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