Donald Trump’s legal team is once again seeking to delay sentencing in the hush money case pending in New York, this time citing developments in a separate federal election interference case. The request follows a new indictment secured by Special Counsel Jack Smith, which Trump’s attorneys argue could influence the hush money case currently before the New York State Supreme Court.
In a letter addressed to Judge Juan Merchan, Trump’s lawyers highlighted the recent federal indictment tailored in light of the Supreme Court’s decision regarding presidential immunity. They argue that this development supports their motion for dismissal in the New York case due to alleged procedural violations involving evidence presented to the grand jury.
The letter requests that Judge Merchan postpone any decisions on Trump’s presidential immunity motion until the U.S. District Court has reviewed a second notice of removal to federal court, which Trump’s legal team filed last Thursday. This filing in federal court also seeks to halt state court proceedings, including sentencing, until the federal court’s jurisdiction is clarified.
Trump’s motion to vacate the conviction in the New York case follows a Supreme Court ruling that recognized broad immunity for “official acts” performed during his presidency. The sentencing, initially scheduled for September 18, is under review, with Trump’s attorneys requesting a postponement beyond the upcoming November 5, 2024, Election Day, citing potential prejudice and irreparable harm.
Trump faces 34 charges of falsifying business records related to hush money payments to adult film actress Stormy Daniels, for which he was convicted earlier this year. The Manhattan District Attorney’s office, led by Alvin Bragg, has not opposed the delay in sentencing. Judge Merchan is expected to issue a ruling on the motion to vacate the conviction by September 16.
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