Following the Supreme Court’s decision to grant him presidential immunity, former President Trump has formally sought to have his criminal conviction overturned, claiming he was treated “unfairly and unlawfully.”
of 52-page summaryThe report, released Thursday, alleges that the Manhattan District Attorney’s Office (DANY) improperly turned over evidence protected by presidential immunity.
Trump’s legal team is asking New York Judge Juan Marchan, who oversaw the recent trial, not only to throw out the conviction but also to dismiss last year’s indictment.
“The record is clear: DANY was wrong, very wrong,” Trump lawyers Todd Branche and Emil Bove wrote. “In any event, the judge has the authority to address these injustices, and in light of the Supreme Court’s decisions, the court is obligated to do so.”
In late May, a New York jury found Trump guilty on all 34 counts of disguising payments to then-police operative Michael Cohen as legal fees and falsifying business records with the intent to illegally influence the 2016 election. Shortly before Trump won the presidency, Cohen paid porn actress Stormy Daniels $130,000 to keep quiet about an alleged affair with Trump, which Trump has denied.
A Supreme Court decision last week that granted the president at least presumptive criminal immunity for his official actions gives Trump a new avenue to try to overturn the ruling.
Trump did not claim immunity from the hush-money charge itself, as he did in the other three criminal cases, but Supreme Court decisions bar prosecutors from introducing protected conduct as evidence, even if the allegations concern unofficial conduct.
Trump has argued that prosecutors improperly cited official acts as evidence both in his high-profile trial this spring and in the grand jury hearing last year that led to the first indictment of a former president in U.S. history.
The evidence at issue includes one of Trump’s government ethics books, some of his social media posts made public while in office, and testimony from two White House aides.
The former president’s lawyers argue that many of the cases involve “core” executive functions that the Supreme Court has made clear will be protected absolutely.
“To justify the doctrine of presidential immunity and protect the interests upon which it is based, it is necessary to vacate the jury verdict and dismiss the indictment,” Trump’s legal team wrote.
The briefs were filed Wednesday and released Thursday, the same day as Trump’s original sentencing, but the judge first postponed the ruling until Sept. 18 to consider immunity arguments.
The office of Manhattan District Attorney Alvin Bragg (D), who did not oppose the stay, had previously indicated he thought the conviction should stand. The office is expected to respond in a court filing later this month.
