Former President Donald Trump is seeking to overturn his felony conviction in a New York hush money criminal case and delay his sentencing. His lawyers have requested the federal court in Manhattan to take over the case from state court, citing violations of his constitutional rights and claiming bias, conflicts of interest, and appearances of impropriety in the state court. If the case is moved to federal court, they plan to seek to have the verdict overturned and the case dismissed on immunity grounds to protect his candidacy in the 2024 Presidential election.
Trump was convicted in May of falsifying business records related to a hush money payment to porn actor Stormy Daniels, which was made to conceal affair allegations during his 2016 presidential campaign. His former lawyer, Michael Cohen, paid Daniels and was reimbursed by Trump, leading to Trump’s conviction on 34 felony counts. Trump maintains that the stories were false, the reimbursements were for legal work, and the case against him was politically motivated. Falsifying business records carries a potential sentence of up to four years in prison.
The trial judge is considering Trump’s requests to postpone sentencing until after the election and to overturn the verdict following a Supreme Court decision on presidential immunity, which restricts prosecutions of ex-presidents for official acts. Trump’s lawyers argue that the trial was tainted by evidence that should not have been allowed under the ruling, such as mentions of Trump’s reaction to news coverage and tweets he sent while president. They also claim that the prosecution rushed to trial and misled the court about the involvement of Trump’s official duties.
Trump’s lawyers have argued that Trump is entitled to present his presidential immunity defense in a federal court based on the Supreme Court’s ruling. They have also criticized the trial judge for his handling of the case, including allegations of bias due to his daughter being a Democratic political consultant and maintaining a gag order on Trump’s ability to respond to political attacks. Despite these challenges, the legal proceedings could potentially delay Trump’s sentencing and provide him with a crucial reprieve as he navigates the aftermath of his criminal conviction and his ongoing White House campaign.
The Manhattan district attorney’s office, which prosecuted Trump’s case, has not commented on his latest request to intervene in the case. Trump’s lawyers have accused the state court of interfering with the election process by proceeding with his sentencing just weeks before Election Day, potentially leading to his incarceration during the final weeks of the campaign. The outcome of Trump’s legal battles will have significant implications for his political future and could determine whether he will become the first ex-president to be convicted of a crime.
