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HomeExclusiveManhattan DA won't oppose Trump filing request to have NY conviction tossed

Manhattan DA won’t oppose Trump filing request to have NY conviction tossed

Newsman: The Manhattan district attorney’s office said Tuesday it would not oppose former President Donald Trump’s request to file a motion arguing that his hush money conviction should be tossed.

“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,” assistant district attorney Josh Steinglass wrote in a letter to Judge Juan Merchan.

“We respectfully request a deadline of July 24, 2024—two weeks after defendants requested deadline—to file and serve a response,” the DA said in a letter Tuesday.

Judge Merchan has yet to rule on Trump’s request to file his motion or make any determination about the July 11 sentencing date.

Trump’s legal team sent a letter to Judge Juan Merchan on Monday seeking permission to file a motion arguing that the verdicts should be wiped out. just hours after the U.S. Supreme Court issued its landmark ruling that Trump has some presidential immunity from criminal prosecution for actions taken to overturn results of the 2020 election, Trump’s attorneys sent a letter to Judge Merchan asking to him to “set aside the jury’s verdict” in his hush money case.

The Manhattan District Attorney’s Office suggested Tuesday that may be grounds to delay Trump’s sentencing, currently scheduled for July 11.

Trump in May was found guilty on 34 felony counts of falsifying business records related to a 2016 hush money payment to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election.

In a letter to Judge Juan Merchan made public Tuesday, The former president’s lawyers argued that the ruling confirmed their position that Manhattan District Attorney Alvin Bragg should not have been allowed to offer evidence at the trial regarding Trump’s “official acts” and, as a result, the jury’s guilty verdict should be set aside.

 “Under Trump, this official-acts evidence should never have been put before the jury. Consistent with arguments that we made before and during the trial, the Supreme Court held in Trump that President Trump ‘may not be prosecuted for exercising his core constitutional powers, and he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts,’” Trump’s attorneys wrote.

“The verdicts in this case violate the presidential immunity doctrine and create grave risks of ‘an Executive Branch that cannibalizes itself,'” defense attorney Todd Blanche wrote. “After further briefing on these issues beginning on July 10, 2024, it will be manifest that the trial result cannot stand.”

“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,” prosecutors said in a Tuesday letter to Merchan.

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