Trump lawyers press judge to overturn hush money conviction

2024-07-11
Trump lawyers press judge to overturn hush money conviction

Overturning the Hush Money Conviction: Trump's Legal Battle for Immunity

In a high-stakes legal showdown, former President Donald Trump's lawyers are making a bold move to overturn his historic hush money conviction, arguing that the trial was "tainted" by evidence that should have been excluded due to the Supreme Court's recent presidential immunity ruling. The defense team is urging a New York judge to vacate the jury's verdict and dismiss the indictment, setting the stage for a pivotal decision that could have far-reaching implications.

Challenging the Conviction: Trump's Lawyers Seek Immunity and Dismissal

Rushing to Trial Before Supreme Court Guidance

Trump's lawyers, Todd Blanche and Emil Bove, have accused Manhattan prosecutors of rushing to try the former president while the Supreme Court was still considering his immunity claims. They argue that the prosecutors "scoffed with hubris" at Trump's immunity motions and insisted on a speedy trial, disregarding the high court's impending guidance.The defense team contends that the trial judge, Juan M. Merchan, now has the authority to address these "injustices" in light of the Supreme Court's recent decision, which provided broad protections for presidents and restricted the use of official acts as evidence in prosecuting their unofficial actions.

Challenging the Admissibility of Evidence

Trump's lawyers have also raised concerns about the admissibility of certain evidence presented during the trial. They argue that jurors should not have been allowed to hear about matters such as Trump's conversations with former White House Communications Director Hope Hicks, testimony from another aide regarding how Trump received personal mail in the Oval Office, and tweets he sent while in office.The defense team also cited alleged conversations about the president's pardon power, including an account from Trump's former lawyer, Michael Cohen, who claimed to have seen Trump discussing the possibility of pre-pardoning "everybody."Furthermore, the lawyers complained about testimony that they characterized as veering into "national security matters," such as an aide's description of Trump sometimes bringing various documents from the White House onto Air Force One and Marine One, and a mention that some calls to the White House get routed to secure lines in the Situation Room.

Challenging the Prosecution's Motives

Trump's lawyers have also argued that prosecutors tried "to assign a criminal motive" to some of the former president's actions while in office. They contend that the Supreme Court's decision "forecloses inquiry into those motives," particularly in relation to the 2018 tweets in which Trump initially portrayed Cohen as someone who wouldn't "flip," but later as someone fabricating stories to save himself.The defense team argues that these tweets were "communications with the American people regarding matters of public concern bearing on President Trump's credibility as the commander-in-chief," rather than attempts to strong-arm Cohen or punish him for turning against Trump.

Navigating the Immunity Debate

The question of what jurors are entitled to hear about a president's conduct has been a point of contention, even among the conservative members of the Supreme Court. Justice Amy Coney Barrett, in a separate concurrence, suggested that it would be needlessly "hamstring" a prosecutor's case to exclude from trial "any mention of the official act" in question.Trump's lawyers had previously invoked presidential immunity in a failed bid to get the hush money case moved from state court to federal court. U.S. District Judge Alvin Hellerstein rejected Trump's claim, stating that the evidence "overwhelmingly suggests that the matter was a purely a personal item of the president — a cover-up of an embarrassing event."The ongoing immunity fight and the ensuing sentencing delay have spared Trump the immediate consequences of a potential prison sentence, probation, fine, or other punishments, at least until the court's decision on the defense's requests.

Navigating the Legal Landscape

The defense's arguments highlight the complex legal landscape surrounding the former president's case. As the Supreme Court's recent decision on presidential immunity has raised new questions, Trump's lawyers are seeking to leverage this ruling to their advantage, arguing that the trial was tainted by evidence that should have been excluded.The outcome of this legal battle could have significant implications, not only for Trump's personal legal situation but also for the broader understanding of presidential immunity and the boundaries of prosecutorial power. The court's decision on the defense's requests will be closely watched, as it could set a precedent for how future cases involving high-level officials are handled.

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