FILE - Former President Donald Trump speaks during a news conference at Trump Tower, May 31, 2024, in New York. The letter to Judge Juan M. Merchan cited the U.S. Supreme Court’s ruling earlier Monday and asked the judge to delay Trump’s sentencing while he weighs the high court’s decision and how it could influence the New York case, according to the letter obtained by The Associated Press.
The lawyers argue that the Supreme Court’s decision confirmed a position the defense raised earlier in the case that prosecutors should have been precluded from introducing some evidence they said constituted official presidential acts, according to the letter. In prior court filings, Trump contended he is immune from prosecution for conduct alleged to involve official acts during his tenure in office. His lawyers did not raise that as a defense in the hush money case, but they argued that some evidence — including Trump’s social media posts about former lawyer Michael Cohen — comes from his time as president and should have been excluded from the trial because of immunity protections.
Trump was convicted in New York of 34 counts of falsifying business records, arising from what prosecutors said was an attempt to cover up a hush money payment just before the 2016 presidential election. Merchan instituted a policy in the run-up to the trial requiring both sides to send him a one-page letter summarizing their arguments before making longer court filings. He said he did that to better manage the docket, so he was not inundated with voluminous paperwork.
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