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Lawyers for former President Donald Trump have officially moved to dismiss his criminal conviction in New York City, arguing that he is being treated “unfairly and unlawfully” in light of the Supreme Court’s recent presidential immunity decision.
In a brief revealed on Thursday, Trump’s attorneys argue that the Manhattan District Attorney’s Office wrongfully included evidence that should be protected by presidential immunity. Due to this, they requested that New York Judge Juan Merchan, who oversaw the trial, throw out both the guilty verdict and last year’s indictment. Lawyers for Trump wrote, “The record is clear: DANY was wrong, very wrong. Be that as it may, Your Honor now has the authority to address these injustices, and the Court is duty-bound to do so in light of the Supreme Court’s decision.” They added, “In order to vindicate the Presidential immunity doctrine, and protect the interests implicated by its underpinnings, the jury’s verdicts must be vacated and the Indictment dismissed.”
Digging Deeper:
The Supreme Court’s recent decision offering some criminal immunity to presidents for their official acts has opened a new legal pathway for Trump. While Trump had not previously claimed immunity from the hush money charges, the ruling restricts the use of protected official acts as evidence, even in cases involving unofficial conduct. Trump’s legal team argues that prosecutors wrongly used official acts, including ethics forms, social media posts, and testimonies from White House aides, in their evidence against him.
The Manhattan District Attorney’s office, led by Alvin Bragg, has indicated that it believes the conviction should remain intact and is expected to file their response later this month.
This development comes after a New York jury convicted Trump on all 34 counts of falsifying business records tied to the payments made to Michael Cohen, his former lawyer. Cohen had paid $130,000 to Stormy Daniels before the 2016 election to keep her from discussing an alleged affair with Trump, which Trump denies. These payments were allegedly disguised as legal fees, leading to the charges against Trump.
