The appeals court has delayed sentencing for former President Donald Trump in the hush money case, allowing time to review his claim of presidential immunity. Trump's lawyers argue that evidence used against him should be shielded due to his presidential actions.
Former President Donald Trump walks to make comments to members of the media after a jury convicted him of felony crimes for falsifying business records in a scheme to illegally influence the 2016 election, at Manhattan Criminal Court, May 30, 2024, in New York. (AP Photo/Seth Wenig, Pool, File)The court’s order clears the way for Judge Juan M.
Merchan to impose a sentence Friday on Trump, who was convicted in what prosecutors called an attempt to cover up a $130,000 hush money payment to porn actor Stormy Daniels. Trump has denied any liaison with Daniels or any wrongdoing.But Trump’s attorneys have argued that evidence used in the Manhattan trial violated last summer’s Supreme Court ruling giving Trump broad immunity from prosecution over acts he took as president. At the least, they have said, the sentencing should be delayed while their appeals play out to avoid distracting Trump during the presidential transition. Prosecutors pushed back, saying there’s no reason for the court to take the “extraordinary step” of intervening in a state case now. Trump’s attorneys haven’t shown that an hourlong virtual hearing would be a serious disruption, and a pause would likely mean pushing the case past the Jan. 20 inauguration, creating a yearslong delay in sentencing if it happens at all.Judges in New York have found that the convictions on 34 felony counts of falsifying business records related to personal matters rather than Trump’s official acts as president. Daniels says she had a sexual encounter with Trump in 2006. He denies it. Trump’s attorneys called the case politically motivated, and they said sentencing him now would be a “grave injustice” that threatens to disrupt the presidential transition as the Republican prepares to return to the White House. Trump is represented by D. John Sauer, his pick to be the solicitor general, who represents the government before the high court. Sauer also argued for Trump in the separate criminal case charging him with trying to overturn the results of the 2020 election that resulted in the Supreme Court’s immunity opinion. Defense attorneys cited that opinion in arguing some of the evidence used against him in the hush money trial should have been shielded by presidential immunity. That includes testimony from some White House aides and social media posts made while he was in office. The decision comes a day after Justice Samuel Alito confirmed that he took a phone call from Trump the day before the president-elect’s lawyers filed their emergency motion before the high court. The justice said the call was about a clerk, not any upcoming or current cases
DONALD TRUMP Hush Money Presidential Immunity Appeals Court Sentencing Delay
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