Supreme Court decision on Donald Trump’s case immunity for “official acts“ had nothing to do with his New York conviction on charges of falsifying business records while he was president, state prosecutors argued in a filing released Thursday.
In a filing opposing Trump’s motion to dismiss the indictment, and guilty verdict Prosecutors in Manhattan District Attorney Alvin Bragg’s office said the Supreme Court’s decision in a federal election interference lawsuit against Trump on 34 felony counts “says nothing about the defendant’s conviction” in his case.
“The issue in the Supreme Court’s decision was whether the defendant was subject to federal prosecution “for conduct allegedly engaged in official acts while in office.” The criminal charges here, by contrast, stem only from the defendant’s “informal acts” — conduct that “does not have immunity,” the DA’s filing said.
In addition, “The evidence that he claims to have been influenced by the Supreme Court’s decision is only one piece of the extensive testimony and documentary evidence that the jury considered in finding him guilty beyond a reasonable doubt of all 34 felony charges,” it said.
The former president’s lawyers argued earlier this month that the Supreme Court’s July 1 ruling affected his criminal trial. weekly hush money trialgave several examples what they described as According to the Supreme Court’s new ruling, “improper conduct evidence” presented at trial cannot be presented because it touches on the president’s “primary” duties.
They testified about his private conversations with the former White House Communications Director Hope Hicksdebates over his pardon power, as well as the use of presidential Twitter posts, were misconceived, resulting in Trump having to seek a new trial — or more.
“In order to vindicate the doctrine of presidential immunity and to protect interests related to its foundations, the jury verdicts must be reversed and the Indictment dismissed,” the petition states.
Trump’s attorney, Todd Blanche, declined to comment on the DA’s new filing, but he submitted a letter to Judge Juan Merchan seeking permission to respond to the DA’s “legal and factual misrepresentations.”
Mercha is expected to make a decision on the issue on September 6.
Trump was originally scheduled to rule in the case on July 11, but the judge delayed the verdict At least until September 18 to consider Trump’s arguments.
Trump was convicted on all charges against him in May, the first time a former president has been convicted of a crime. If the verdict goes ahead, he faces penalties fine to four years in prison on each count.
Prosecutors alleged that Trump falsified business records related to a hush-hush payment to a former lawyer Michael Cohen made for the adult movie star Stormy Daniels In the final weeks of the 2016 presidential election. Trump has denied any wrongdoing.