Former President Donald Trump filed a counter-brief to overturn his conviction in New York v. Trump after the Supreme Court ruled that the president has certain immunity for his official duties while in office.
Trump was convicted of all counts of first-degree falsifying business records in an unprecedented criminal trial last month after a six-week trial that stemmed from Bragg’s investigation. Trump has already asked Judge Juan Marchan to overturn the verdict.
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Donald Trump arrives at Trump Tower on Thursday, May 30, 2024, after being convicted of 34 counts of first-degree falsifying business records. (Felipe Ramares for Fox News Digital)
In a filing Thursday, Trump’s lawyers argued that “the United States Supreme Court has decisively and unequivocally ruled that President Trump is protected by immunity for acts conducted in the course of his official duties.”
“In this case, a politically motivated District Attorney violated that immunity by using official acts evidence in a grand jury hearing and trial. Accordingly, this case must be dismissed and the jury verdict vacated.”
of The Supreme Court Trump vs. the United States The Supreme Court ruled that former presidents are effectively immune from prosecution for official acts performed while in office, but not for unofficial acts. The Supreme Court found that Trump is immune from criminal prosecution for “official acts,” but left it to lower courts to decide where the line is between official and unofficial acts.
NEW YORK, NY – MARCH 21: Manhattan District Attorney Alvin Bragg.
“Thus, the President cannot be prosecuted for the exercise of core Constitutional powers and, at a minimum, enjoys a presumptive right to immunity from prosecution for all official acts,” the majority opinion, written by Chief Justice John Roberts, stated. “This immunity applies equally to all staff members of the Oval Office, regardless of politics, policy, or party affiliation.”
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The issue of presidential immunity stems from a lawsuit filed against Trump by special counsel Jack Smith on Jan. 6. Trump has pleaded not guilty to the charges. That case had been put on hold in lower courts pending a Supreme Court ruling clearing all charges related to the president’s official acts.
Trump lawyer Todd Branche argued in a filing Thursday that Bragg had presented evidence of his official duties during the unprecedented six-week criminal trial, including his official communications with White House staffers such as Hope Hicks and Madeleine Westerhout.
Former President Donald Trump speaks to the media with his lawyer Todd Blanche after the conclusion of his hush money trial, Thursday, May 30, 2024, in New York. (Pool Photo by Michael M. Santiago/via Associated Press)
Branche also said evidence included Trump’s public statements via Twitter, his public actions in response to the Federal Election Commission’s investigation, and his public actions related to congressional and prosecutorial investigations.
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“President Trump was subjected to a fundamentally unfair trial in which jurors reviewed official evidence based on their ‘perceptions of the President’s policies and performance while in office,'” Blanche wrote. “This fundamental unfairness also harms the American people because these violations will adversely affect the job of future presidents in serving the American people.”
“For the defense’s motions and the reasons set forth in this case, the Court should dismiss the indictment and set aside the jury’s verdicts on the basis of violations of Presidential Immunity and the Supremacy Clause,” he added.
Judge Juan Marchan last month agreed to Trump’s request to postpone his original July 11 sentencing date and said a hearing on Trump’s possible sentencing would take place on Sept. 18.
