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President Donald Trump’s lawyer asked Judge Juan Merchan on Thursday to throw out his guilty verdict in a New York hush money case after the Supreme Court’s ruling in favor of presidential immunity.
The move follows a 6-3 decision by the Supreme Court’s justices on July 1 that granted presidential immunity for “official acts” while in office.
“Because of the implications for the institution of the Presidency, the use of official-acts evidence was a structural error under the federal Constitution that tainted [the District Attorney’s] grand jury proceedings as well as the trial,” defense lawyers Todd Blanche and Emil Bove wrote, according to ABC News.
“This testimony concerned efforts by President Trump to work with Hicks to use the ‘long-recognized aspect of Presidential power’ known as the ‘bully pulpit’ to ‘persuade Americans, including by speaking forcefully or critically, in ways that the President believes would advance the public interest,'” the request added.
The move comes after Trump’s sentencing has been delayed until September. Manhattan District Attorney Alvin Bragg did not oppose the change in date related to the sentencing following the SCOTUS ruling.
“Although we believe defendant’s arguments to be without merit, we do not oppose his request for leave to file and his putative request to adjourn sentencing pending determination of his motion,” Bragg’s office wrote in a letter on July 2.
The current change already confirmed that Trump would be able to accept the Republican presidential nomination in person during next week’s Republican National Convention. The latest effort could upend the verdict completely.
The ruling states, “Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority. And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts,” as RSBN previously reported.
Trump also took to Social Truth to post his reaction to Monday’s historic Supreme Court ruling.
“THE SUPREME COURT DECISION IS A MUCH MORE POWERFUL ONE THAN SOME HAD EXPECTED IT TO BE. IT IS BRILLIANTLY WRITTEN AND WISE, AND CLEARS THE STENCH FROM THE BIDEN TRIALS AND HOAXES, ALL OF THEM, THAT HAVE BEEN USED AS AN UNFAIR ATTACK ON CROOKED JOE BIDEN’S POLITICAL OPPONENT, ME. MANY OF THESE FAKE CASES WILL NOW DISAPPEAR, OR WITHER INTO OBSCURITY. GOD BLESS AMERICA!” he wrote in all caps.