Donald Trump’s lawyers are requesting the judge handling his criminal case in New York to postpone the trial until the US Supreme Court determines if the former president can assert “immunity” from prosecution in a different case.
Jury selection is set to take place on March 25th for a criminal trial related to hush money payments made to an adult film star prior to the 2016 presidential election. This trial holds significant importance as it marks the first criminal proceeding against the former president, making it a historic event. Additionally, it is one of four criminal cases he is currently facing in different jurisdictions.
On 25 April, the Supreme Court will listen to Mr. Trump’s arguments regarding his defense of “immunity”. This date marks the last day for oral arguments in this year’s session, coinciding with the start of his trial in New York, scheduled for a month later. Despite Mr. Trump’s previous failed attempts, both a federal judge and appeals court have rejected his efforts to avoid criminal prosecution on charges linked to his endeavors to overturn the 2020 presidential election.
The Supreme Court will likely issue a ruling a few weeks later.
Mr. Trump’s attorneys argued in a filing on Monday that his statements on Twitter and to news networks about his former attorney Michael Cohen in 2018 “implicate the concept of official acts for purposes of presidential immunity.” However, the filing doesn’t address the alleged repayment scheme that is at the center of the case, and which occurred before Mr. Trump became President.
According to Mr. Trump’s attorneys Todd Blanche and Susan Nechles, his Twitter account served as an official communications channel during his Presidency. It was used to communicate with the public about matters of public concern.
Attorneys have requested New York Judge Juan Merchan to postpone the trial until the Supreme Court reviews presidential immunity. They also propose holding a hearing to exclude any evidence that falls under the category of “official acts” protected by this immunity.
It seems that they are not arguing that he is immune from the charges themselves.
In a significant development last year, the former president was indicted on 34 counts of falsifying business records by a grand jury under Manhattan District Attorney Alvin Bragg. These charges were related to the payments made to Cohen, who had orchestrated a hush money scheme to suppress any damaging stories about Mr. Trump and his alleged affair with Stormy Daniels during the 2016 election.
Mr. Trump has denied any wrongdoing and pleaded not guilty to all charges brought against him.
According to prosecutors, Mr. Trump, Cohen, and David Pecker, the former owner of the National Enquirer, allegedly collaborated to uncover, acquire, and conceal unfavorable information about Mr. Trump during his campaign in order to enhance his chances of winning the election.
Testimony from Cohen, who joined the Trump Organization in 2006, could play a crucial role in the case. Prosecutors claim that Cohen made the payment to Ms. Daniels just days before the 2016 election. After Trump’s election victory, he reportedly reimbursed Cohen, who is expected to testify that Trump authorized the payment to be falsely filed as legal expenses.
