Former President Donald Trump’s legal team filed a letter Monday asking Acting Judge Juan Marchan for permission to file a motion to overturn the jury’s guilty verdict in a New York criminal case. The New York Times report.
This letter, The Supreme Court ruled Regarding President Trump’s motion for immunity, the Supreme Court ruled 6-3 that the president has absolute immunity for official acts, but not for non-official acts.
“Evidence of those acts cannot be used.”
The Supreme Court has not defined what constitutes official conduct, leaving that determination to lower courts.
Following the ruling, Trump posted on Truth Social, “A huge victory for our Constitution and Democracy. Proud to be an American!”
Trump was convicted of all 34 felony counts of falsifying business records in his New York criminal case. The illegal conduct allegedly took place during his 2016 election campaign, before he became president. Judge Marchan is scheduled to sentence the case on July 11. Trump faces up to four years in prison.
In previous court filings, Trump’s lawyers had argued that some of the evidence used in the New York trial – including social media posts about Trump’s former lawyer, Michael Cohen – came from Trump’s time in office and therefore should have been excluded.
Marchan implemented a policy requiring the prosecution and defense to submit one-page letters outlining their cases before filing papers with the court, a policy he said helped prevent him from becoming overwhelmed with paperwork.
The ruling would likely be delayed if Marchand grants the Trump campaign’s motion, but it’s unclear whether he will do so. Submission Deadline The post-trial motion has already been granted.
The letter is expected to be made public on Tuesday, giving Manhattan District Attorney Alvin Bragg’s (D) office an opportunity to respond to the request.
Trump’s lawyer Will Scharf CNN The Supreme Court’s recent decision “undoubtedly” affects the New York case, in which prosecutors argued they used “substantial official business of the president” as evidence in their case against Trump.
“The Supreme Court has clearly held that evidence of presidential conduct that is outside the scope of official duties – conduct that is presumably immune from prosecution – cannot be used to try essentially private conduct,” Schaaf told the news outlet.
“At the very least, they are entitled to a new trial in which exculpatory conduct will not be introduced into evidence, as the Supreme Court ordered today,” Schaaf added.
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