Judge in Trump's New York criminal case pushes back decision on dismissal motion
Lawyers for President-elect Donald Trump have argued that his conviction in New York state on 34 counts of falsifying business records should be thrown out.
In what may end up being a miracle for Trump, the judge overseeing his case has agreed to delay ruling on the matter.
Merchan to rule on November 19
According to the New York Daily News, Manhattan Supreme Court Justice Juan Merchan granted a motion on Tuesday asking that his decision be delayed until November 19.
"There are strong reasons for the requested (pause), and eventual dismissal of the case in the interests of justice," defense attorney Emil Bove wrote in an email to Merchan.
"The (pause), and dismissal, are necessary to avoid unconstitutional impediments to President Trump’s ability to govern," Bove added in reference to the president-elect's victory last week.
The Daily News noted that Assistant District Attorney Matthew Colangelo did not object to Bove's proposal, writing in an email of his own, "The People agree that these are unprecedented circumstances."
Colangelo went on to acknowledge the need for "careful consideration" of how Trump's felony conviction can be weighed against "the office of the president."
Dismissal needed "to avoid unconstitutional impediments"
CNN reported also that Bove had earlier sent a letter to Merchan which laid out his reasoning for why Trump's guilty verdict should be put aside.
A decision on whether to overturn Trump's New York hush money conviction has been delayed https://t.co/cUIGyGlZKq
— CNN (@CNN) November 12, 2024
"The stay, and dismissal, are necessary to avoid unconstitutional impediments to President Trump’s ability to govern," Bove wrote.
To back up that claim, Bove cited a Supreme Court decision earlier this year which found that presidents enjoy a presumption of criminal immunity for official acts and absolute immunity for "core" executive functions.
Former prosecutor doubts Trump will face jail time
What's more, Bove asserted that the Manhattan District Attorney's Office relied on evidence which related to said official acts and should have been excluded at trial.
"Much of the unconstitutional official-acts evidence concerned actions taken pursuant to 'core' Executive power for which 'absolute' immunity applies," he maintained.
Should Merchan reject Bove's dismissal request, then Trump is likely to be sentenced following a hearing on November 26.
David S. Weinstein is Miami-based lawyer who formerly served as a federal prosecutor in the Southern District of Florida, and he recently told UPI that while the president-elect could face jail time, that prospect is unlikely.