Trump's lawyers seek to have New York conviction tossed following Supreme Court ruling

 July 2, 2024

Democrats celebrated at the end of May when a Manhattan jury convicted former President Donald Trump of falsifying business records.

Yet in an unexpected move, the former president's lawyers are now asking that his conviction be tossed out. 

Letter seeks to have conviction thrown out, sentencing delayed

According to the New York Post, Trump's defense team sent a letter to Judge Juan Merchan this week in which they asked for permission to file a motion to dismiss the case.

The attorneys are also seeking to have Trump's sentencing hearing, which is currently scheduled for July 11, to be postponed.

New York Magazine reported that Manhattan District Attorney Alvin Bragg responded with a letter of his own which stated that he will not oppose the rescheduling motion.

The publication noted that a delay of two weeks in Trump's sentencing is now likely, which means he will be free to attend the Republican National Convention in Milwaukee.

Supreme Court ruled on presidential immunity

The request from Trump's letter was prompted by a Supreme Court ruling released on Monday which found that former presidents enjoy a substantial degree of legal immunity for official acts taken while in office.

"We conclude that under our constitutional structure of separated powers, the nature of Presidential power requires that a former President have some immunity from criminal prosecution for official acts during his tenure in office," CBS News quoted Chief Justice John Roberts as writing for the majority.

"At least with respect to the President's exercise of his core constitutional powers, this immunity must be absolute," the chief justice asserted.

Roberts then went on to declare that actions which are outside the president's exclusive authority have "presumptive" immunity" while those acts classified as being "unofficial" carry no immunity from prosecution.

Biden condemns Supreme Court ruling

While it remains to be seen how Monday's Supreme Court ruling will impact either Trump's Washington, D.C. criminal case or his conviction in New York, the Post noted that President Joe Biden was quick to condemn it.

"The man who sent that mob to the US Capitol is facing potential criminal conviction for what happened that day and the American people deserve to have an answer in the courts before the upcoming election," Biden said at the White House on Monday night.

"The public has a right to know the answer about what happened on January 6 before they are asked to vote again this year," he added.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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