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Trump Files To Overturn Latest Conviction After SCOTUS Ruling

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Gavel via Wikimedia Commons Image

On Monday, former President Donald Trump moved to overturn his criminal conviction in the Manhattan hush-money case after the Supreme Court ruled presidents have immunity for “official acts” committed while in office.

Manhattan District Attorney Alvin Bragg charged the former president in May with 34 counts of falsifying business records in the first degree. Trump pleaded not guilty to all counts in the Manhattan case.  

Lawyers for Trump had filed a motion to dismiss the verdict hours after the Supreme Court’s ruling. 

Duncan Lock, Dflock, CC BY-SA 3.0 via Wikimedia Commons

The motion came on the same day that the district attorney’s office sent sentencing recommendations to Judge Juan M. Merchan – who presided over the Manhattan trial – though it remains unclear whether that will be seen by the public, per reporting from The New York Times.  
Judge Merchan has received a letter from Trump’s lawyers, a person familiar with the matter confirmed to Fox News Digital

The letter asks for permission to file a motion to vacate the jury’s Manhattan verdict, asks for a delay of the July 11 sentencing, and cites the high court’s decision in arguing that evidence was included at trial that should not have been admitted. 

To file a motion in New York, defendants must first request permission from the judge in the case. 

On Tuesday, Manhattan prosecutors agreed with Donald J. Trump’s request to postpone his criminal sentencing so that the judge overseeing the case could weigh whether a recent U.S. Supreme Court ruling might impact his conviction, according to The New York Times.

On Monday, the Supreme Court ruled 6-3 that a former president has absolute immunity for his core constitutional powers.

Former presidents are also entitled to at least a presumption of immunity for their official acts. There is no immunity, the court holds, for unofficial acts.

The Supreme Court returned the case to the trial court to determine what is left of special counsel Jack Smith’s indictment against the former President.

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