Donald Trump's lawyers are urging the judge in his New York hush money case to overturn his conviction and dismiss the case in the wake of the Supreme Court's recent ruling on presidential immunity.
The former president's lawyers laid out their case for reversing the guilty verdict in a court filing made public Thursday, denouncing Manhattan prosecutors for rushing to try Trump while the high court was still considering his immunity claims. Trump was convicted in May of falsifying records to cover up a potential sex scandal. He is the first ex-president convicted of a crime.
Trump's lawyers Todd Blanche and Emil Bove urged the trial judge, Juan M. Merchan, to vacate the jury's verdict and dismiss the indictment, which would prevent prosecutors from retrying the case. Merchan has said he'll rule on the defence's requests on Sept. 6 and will sentence Trump on Sept. 18, "if such is still necessary." Prosecutors have until July 24 to respond to the defence's arguments.
"Rather than wait for the Supreme Court's guidance, the prosecutors scoffed with hubris at President Trump's immunity motions and insisted on rushing to trial," Blanche and Bove wrote. Addressing Merchan directly, they said: "Your Honor now has the authority to address these injustices, and the court is duty-bound to do so in light of the Supreme Court's decision."
The Manhattan district attorney's office declined comment.
The Supreme Court released its immunity decision on July 1, giving broad protections to presidents and insulating them from prosecution for official acts. It also restricted prosecutors from citing any official acts as evidence in trying to prove a president's unofficial actions violated the law.
Hours later, Trump's lawyers wrote a letter to Merchan asking him to set aside the verdict and to delay Trump's sentencing, which had been scheduled for Thursday. The Supreme Court did not define what constitutes an official act, leaving that to lower courts.
Trump's trial began April 15. The Supreme Court didn't hear arguments on his immunity claims until April 25.
Trump was convicted on May 30 on 34 felony counts of falsifying business records arising from what prosecutors said was an attempt to cover up a $130,000 hush money payment to porn actor Stormy Daniels just before the 2016 presidential election.
Daniels claims she had a sexual encounter with Trump in 2006. Trump has repeatedly denied that claim, saying at his June 27 debate with President Joe Biden, "I didn't have sex with a porn star." He has vowed to appeal the conviction but would not be able to do so until he is sentenced.
Prosecutors said the Daniels payment was part of a broader scheme to buy the silence of people who might have gone public during the campaign with embarrassing stories alleging Trump had extramarital sex.
Trump's former lawyer Michael Cohen paid Daniels and was later reimbursed by Trump. Prosecutors said Cohen -- with Trump's knowledge -- disguised the reimbursements by submitting monthly invoices for retainer payments as Trump's personal lawyer. Trump's company logged the payments to Cohen as legal expenses.
Trump was convicted after a seven-week trial that featured testimony from 22 witnesses, including Cohen and Daniels. Trump declined to testify on his own behalf.
Trump denied any wrongdoing and said all the stories were false.
Trump lawyers argue that jurors shouldn't have been allowed to hear about some matters including his conversations with then-White House Communications Director Hope Hicks, testimony from another aide about how Trump got personal mail in the Oval Office, and tweets that he sent while president. Some of the checks and invoices at issue in the case were also from his time as president.
Blanche and Bove also cited alleged conversations about the president's pardon power. Cohen, who pleaded guilty to federal charges pertaining to the hush money payment and unrelated crimes as part of an investigation into potential ties between Russia and the 2016 Trump campaign, told jurors he had seen Trump talking on television "about, potentially, pre-pardoning everybody" and directed his lawyers to explore the possibility.
The defence also complained about some testimony it characterized as veering into "national security matters" -- an aide's general description of Trump sometimes bringing various documents from the White House onto Air Force One and Marine One and a mention that some calls to the White House get routed to secure lines in the Situation Room.
Trump's lawyers wrote that prosecutors tried "to assign a criminal motive" to some actions Trump took while in office -- by arguing, for example, that some of his 2018 tweets were part of a "pressure campaign" to keep Cohen from turning on him.
The Supreme Court's decision "forecloses inquiry into those motives," the defence argued.
Jurors were shown 2018 tweets in which the then-president at first warmly portrayed Cohen as someone who wouldn't "flip," but later as someone fabricating stories to save himself. The change in tone came after Cohen pleaded guilty to campaign-finance violations and said Trump directed the hush money payments, and prosecutors portrayed the tweets as efforts to strong-arm Cohen to stay loyal and then punish him when he didn't.
In Thursday's filing, Trump's lawyers countered that the tweets were "communications with the American people regarding matters of public concern bearing on President Trump's credibility as the commander-in-chief."
The question of what jurors are entitled to hear about a president's conduct divided even the conservative members of the Supreme Court responsible for the majority opinion.
Justice Amy Coney Barrett, in a separate concurrence, wrote that the Constitution does not require juries to be blinded "to the circumstances surrounding conduct for which Presidents can be held liable" and suggested that it would needlessly "hamstring" a prosecutor's case to exclude from trial "any mention of the official act" in question.
Trump's lawyers had previously invoked presidential immunity in a failed bid last year to get the hush money case moved from state court to federal court.
U.S. District Judge Alvin Hellerstein rejected Trump's claim that allegations in the hush money indictment involved official duties, writing in July 2023, "The evidence overwhelmingly suggests that the matter was a purely a personal item of the president -- a cover-up of an embarrassing event."
"Hush money paid to an adult film star is not related to a president's official acts. It does not reflect in any way the color of the president's official duties," Hellerstein added.
Later, Trump's lawyers sought to delay the hush money trial until the Supreme Court ruled on his immunity claim. Merchan denied the request, declaring it untimely because it came well after a deadline for pretrial motions.
Trump's lawyers never raised presidential immunity as a defence in the hush money trial, but they tried unsuccessfully to prevent prosecutors from showing the jury evidence from his time in office.
The ongoing immunity fight and ensuing sentencing delay have spared Trump the damage of a potential prison sentence, probation, fine or other punishments just days before Republicans are set to formally nominate him as their presidential candidate at the party's convention next week in Milwaukee.
The delay avoids the potential split screen of Trump being sentenced while Democrats continued to debate President Joe Biden's viability as a reelection candidate after his dismal debate performance last month.
Falsifying business records is punishable by up to four years behind bars. Other potential sentences include probation, a fine or a conditional discharge that would require Trump to stay out of trouble to avoid additional punishment.
If Trump were to be sentenced to jail, he could be allowed to remain free while he appeals. Because it is a state case involving state-level charges tried in a state court, Trump would not be able to pardon himself if he were to be elected president again. Presidential pardons apply only to federal crimes.
----
Associated Press reporter Eric Tucker in Washington contributed to this report.
The people of Fort Chipewyan believe the federal government believe the federal government knew its water was contaminated and hid the issue for years. Now the chief of the Athabasca Chipewyan First Nation is leading the call for immediate action.
The death toll from Hurricane Helene inched up to 227 on Saturday as the grim task of recovering bodies continued more than a week after the monster storm ravaged the Southeast and killed people in six states.
A driver suffered only minor injuries after going airborne in a residential neighbourhood in Maple Ridge, B.C., on Friday, the car eventually landing on its roof in someone鈥檚 backyard.
Donald Trump returned on Saturday to the Pennsylvania fairgrounds where he was nearly assassinated in July, holding a sprawling rally with thousands of supporters in a critical swing state Trump hopes to return to his column in November's election.
Canadians who are eligible for a GST/HST tax credit can expect their final payment of the year on Friday.
The owners of a North York condominium say they are facing a $70,000 special assessment to fix their building's parking garage. '$70,000 is a lot of money. It makes me very nervous and stressed out of nowhere for this huge debt to come in,' said Ligeng Guo.
Police released the identities of the mother and daughter who were killed after a fire tore through a 160-year-old building in Old Montreal on Friday.
New data raises questions about the drinks people consume and the potential risks associated with them, according to researchers at Galway University in Ireland, in partnership with Hamilton鈥檚 McMaster University.
The sentencing of the man who pleaded guilty in the deadly hit-and-run in Kitsilano two years ago began on Friday.
A driver suffered only minor injuries after going airborne in a residential neighbourhood in Maple Ridge, B.C., on Friday, the car eventually landing on its roof in someone鈥檚 backyard.
Demonstrators converged on downtown Ottawa Saturday afternoon as part of a global day of action to protest Israel's military actions in the Middle East.
An organization who has assisted in locating 40 missing people since 2018, has its sights set on the Thames River near Cavendish Park in London, Ont.
Ontario Provincial Police have laid stunt charges against a driver caught speeding 75 km/h over the speed limit on Highway 417 in Ottawa's west end.
Police released the identities of the mother and daughter who were killed after a fire tore through a 160-year-old building in Old Montreal on Friday.
The sentencing of the man who pleaded guilty in the deadly hit-and-run in Kitsilano two years ago began on Friday.
Powerful new explosions rocked Beirut's southern suburbs late Saturday as Israel expanded its bombardment in Lebanon, striking a Palestinian refugee camp deep in the north for the first time as it targeted both Hezbollah and Hamas fighters.
Donald Trump returned on Saturday to the Pennsylvania fairgrounds where he was nearly assassinated in July, holding a sprawling rally with thousands of supporters in a critical swing state Trump hopes to return to his column in November's election.
Being an armchair detective has turned into an American obsession, fueled by an abundance of true-crime content in podcasts and television series. But some of those projects have sparked actual legal developments.
A French judge in the trial of dozens of men accused of raping an unconscious woman whose now former husband had repeatedly drugged her so that he and others could assault her decided on Friday to allow the public to see some of the video recordings of the alleged rapes.
French authorities said four migrants, including a two-year-old child, died Saturday in two separate incidents as they attempted to cross the English Channel toward Britain.
A rural Colorado county courthouse beefed up security Friday after threats were made against staff and a judge who sentenced former county clerk Tina Peters to nearly nine years behind bars for her role in a data breach scheme catalyzed by the lie that the 2020 election was stolen from former President Donald Trump.
Prime Minister Justin Trudeau repeatedly reiterated calls for a ceasefire in the Middle East on Saturday as he blamed Hamas, Hezbollah and Israel for a staggering number of civilian deaths.
While America's southern border remains a hot button issue on the campaign trail, the result of the U.S. election in November could also impact the northern frontier with Canada, which remains the longest undefended border in the world.
NDP House leader Peter Julian says there's more his party wants to do in Parliament before the next election, but if the current dysfunction continues it will become a factor in how they vote on a confidence measure.
Bruzzese came down with COVID-19 in February 2023, and received her injection at the end of March. 鈥淏eing able to recognize smells is something we take for granted, until you can鈥檛.鈥
New data raises questions about the drinks people consume and the potential risks associated with them, according to researchers at Galway University in Ireland, in partnership with Hamilton鈥檚 McMaster University.
Convenience store firms that operate thousands of outlets across Canada are taking the federal government to court to overturn regulations that restrict the sale of nicotine pouches to pharmacies.
Scientists announced on Thursday a milestone in neurobiological research with the mapping of the entire brain of an adult fruit fly, a feat that may provide insight into brains across the animal kingdom, including people.
For humans, flashing a smile is an easy way to avoid misunderstanding. And, according to a new study, bottlenose dolphins may use a similar tactic while playing with each other.
Alphabet's Google is testing showing check marks next to certain companies on its search results, a company spokesperson said on Friday, in a move aimed at helping users identify verified sources and steer clear of fake websites.
Hollywood star Keanu Reeves made his professional auto racing debut on Saturday in an event in which 'The Matrix' star spun out at famed Indianapolis Motor Speedway.
You might be thinking, 'Shut up!' but it鈥檚 officially true: the 'Princess Diaries' franchise is finally growing.
Legendary singer Paul Simon has said he is 'optimistic' about being able to return to performing live after losing most of his hearing in his left ear.
Dubai's Emirates airline has banned pagers and walkie-talkies from its planes, following last month's attacks on such devices carried by the Lebanese militant group Hezbollah.
TikToks of customers stuffing their faces with a US$20 endless shrimp. More than 100 restaurant closures and thousands of layoffs. A revolving door of CEOs. Chapter 11 bankruptcy.
Brazil's Supreme Court said on Friday that lawyers representing social media platform X did not pay pending fines to the right bank, postponing its decision on whether to allow the tech firm to resume services in Brazil.
Travelling on a budget can be stressful, but there are ways you can ensure you're getting the best deal on flights as the holiday season approaches.
A five-seat sushi counter located inside another restaurant is the latest Vancouver eatery to receive a Michelin star.
Toilet paper shortages in stores across America are giving folks nightmarish reminders of the pandemic era. But the lack of toilet paper isn鈥檛 a direct result of a major port strike Tuesday. It鈥檚 because of panic buying.
Vanderbilt takes down AP poll No. 1 Alabama 40-35 in historic college football victory.
Avry Wortman, 13, scored two touchdowns on Sunday during her team's win in the under 14 Greater Moncton Football Association.
Argentine star Lionel Messi was on the bench to start Inter Miami CF's game in Toronto on Saturday.
Tesla is recalling more than 27,000 Cybertrucks because the rearview camera image may not activate immediately after shifting into reverse, the fifth recall for the vehicle since it went on sale late last year.
A Pickering, Ont., student going to college to be a mechanic is shocked the engine in his two-year-old car will not be repaired under warranty after the dealership claimed he had been 'over-revving' the engine.
A group of classic car enthusiasts donated hundreds of blankets to nursing homes in Nova Scotia.
Chantal Kreviazuk is set to return to Winnipeg to mark a major milestone in her illustrious musical career.
From the beaches of Cannes to the bustling streets of New York City, a new film by a trio of Manitoba directors has toured the international film festival circuit to much pomp and circumstance.
A husband and wife have been on the road trip of a lifetime and have decided to stop in Saskatchewan for the winter.
The grave of a previously unknown Canadian soldier has been identified as a man from Hayfield, Man. who fought in the First World War.
A group of classic car enthusiasts donated hundreds of blankets to nursing homes in Nova Scotia.
Moving into the second week of October, the eastern half of Canada can expect some brisker fall air to break down from the north
What does New Westminster's t蓹m蓹sew虛tx史 Aquatic and Community Centre have in common with a historic 68,000-seat stadium in Beijing, an NFL stadium and the aquatics venue for the Paris Olympics? They've all been named among the world's most beautiful sports venues for 2024.
The last living member of the legendary Vancouver Asahi baseball team, Kaye Kaminishi, died on Saturday, Sept. 28, surrounded by family. He was 102 years old.
New data from Greater Vancouver and the Fraser Valley shows a surge in supply and drop in demand in the region's historically hot real estate market.
One person is reportedly dead and two others are injured after a pickup truck hit a bench, striking people who were waiting for the bus in Surrey Saturday afternoon.
A massive fire broke out in downtown Langley Saturday morning, destroying a restaurant and forcing several other businesses to close.
Police on Vancouver Island have made an arrest in the case of a 78-year-old woman found dead in her home almost two years ago.
The Ontario Science Centre is set to launch two temporary satellite locations in other parts of Toronto, which could let visitors access some of its interactive exhibits while a full interim location remains at least a year away, 麻豆影视 has learned.
Leo Campana's stoppage-time goal gave Inter Miami a 1-0 win and left Toronto FC's playoff hopes hanging by a thread Saturday.
A Toronto police officer has been arrested after allegedly stealing three bottles of alcohol from a store.
Emergency crews are on scene of a multi-vehicle collision along northbound Deerfoot Trail near 17 Avenue Southeast.
The first anniversary of the October Seventh Hamas attack on Israel is Monday and that prompted several hundred people to attend a pro-Palestinian rally Saturday afternoon at city hall.
An investigation is underway into a Friday night collision in southeast Calgary that left one person dead.
Demonstrators converged on downtown Ottawa Saturday afternoon as part of a global day of action to protest Israel's military actions in the Middle East.
Three people were taken to hospital after a crash between a pickup truck and a car in a rural part of Ottawa's south end on Saturday afternoon.
Environment Canada has issued a frost advisory as temperatures across Ottawa and eastern Ontario are expected to dip near the freezing mark this evening.
Police released the identities of the mother and daughter who were killed after a fire tore through a 160-year-old building in Old Montreal on Friday.
Montreal police say they are increasing their presence across the city ahead of the one-year anniversary of the Oct. 7 start of the Israel-Hamas war.
Montreal police say a business in the city's Pointe-Saint-Charles neighbourhood was hit with Molotov cocktails two nights in a row.
Highway 39 near Warburg was closed Saturday after a serious crash involving a motorcycle and a van.
An estimated four billion birds will navigate man-made environments as they travel south from North America during fall migration. Tens of million of them will die en route due to human-created hazards.
Barrel racer pro Lynette Brodoway has been riding in rodeos since before some of her competitors were born.
Avry Wortman, 13, scored two touchdowns on Sunday during her team's win in the under 14 Greater Moncton Football Association.
A riding in southwest New Brunswick that for decades was a Progressive Conservative stronghold is shaping up to be a bellwether that could offer a window into the future of the Tory party, and maybe of the province.
Tropical Storm Milton has formed in the Gulf of Mexico. It is located 220 miles (355 kilometres) north-northeast of Veracruz, Mexico.
It鈥檚 1998. Google was just born, and dial-up was the primary way to connect to the Internet. New sites were being developed daily on any number of topics, from recipes to shopping. David Yanciw, however, was thinking big - big things, that is.
Communities outside of the perimeter aren鈥檛 immune to the housing and affordability struggles seen in Winnipeg.
As many as 25,000 employees could hit the picket lines as early as Tuesday morning, making it the second-largest strike in Manitoba鈥檚 history.
The Saskatchewan Roughriders have clinched a playoff spot thanks to a win over the Edmonton Elks.
Saskatchewan's two major political parties made campaign stops in Moose Jaw Saturday with both promising to invest into the city if elected on Oct. 28.
A wind warning was issued for parts of southern Saskatchewan, with gusts of up to 100 kilometres per hour (km/h) possible in some areas on Saturday, Environment and Climate Change Canada says.
The Huron Ontario Provincial Police said they responded to a 鈥渄owned airplane鈥 just after 11 a.m. Saturday.
Police say they were called to the area of Simcoe Street and Market Street around 1:30 a.m. Saturday for a report of an assault.
The Oktoberfest Parade is fast approaching and organizers are urgently seeking volunteers to fill the role of sign carriers.
The Saskatchewan Roughriders have clinched a playoff spot thanks to a win over the Edmonton Elks.
The Saskatchewan Teachers' Federation hosted a virtual election forum on education Thursday evening, giving candidates in the provincial election a chance to share their thoughts and answer questions on issues teachers find most important.
A permanent memorial at the site of the 2018 Humboldt Broncos bus crash is about to be a step closer.
Canadian musician Jacob Hoggard has been found not guilty of sexually assaulting a young woman in northeastern Ontario eight years ago. The former Hedley frontman had pleaded not guilty to sexual assault.
Police released the identities of the mother and daughter who were killed after a fire tore through a 160-year-old building in Old Montreal on Friday.
Fire crews in Greater Sudbury battled a large garage fire on Friday.
An organization who has assisted in locating 40 missing people since 2018, has its sights set on the Thames River near Cavendish Park in London, Ont.
Huron OPP say they were on the scene of a plane crash this morning, with a pilot finding themselves unable to halt before the end of a runway in Brussels.
Canadians who are eligible for a GST/HST tax credit can expect their final payment of the year on Friday.
OPP are seeking assistance in their search for a 30-year-old man last seen in Orillia.
Provincial police are investigating a collision along Highway 400 in Tay Township Friday afternoon.
More than a thousand residents attended the Town of Innisfil's inaugural 'InnisFALL' festival on Saturday, which celebrated the spirit of fall with live music and entertainment at Innisfil Town Square.
The municipality issued a stern reminder for code violators, as both were fined following a warning issued by Leamington Fire Services.
According to police, the suspect entered and vandalized the property in the 700 block of Grand Marais Road Easton on September 28.
Travelling on a budget can be stressful, but there are ways you can ensure you're getting the best deal on flights as the holiday season approaches.
Police on Vancouver Island have made an arrest in the case of a 78-year-old woman found dead in her home almost two years ago.
NDP Leader David Eby is promising to offer a $75-million loan forgiveness program to entice doctors, nurses and heath professionals to expand health-care services in rural British Columbia.
Ever since Taylor Swift made thousands, if not millions, of loyal fans鈥 wildest dreams come true by announcing a three-show run in Vancouver this December, scammers have attempted, and sometimes succeeded, to take advantage of the scramble for tickets.
Nearly two years after a man was stabbed to death in downtown Kelowna, RCMP have made an arrest in the case.
NDP Leader David Eby is promising to offer a $75-million loan forgiveness program to entice doctors, nurses and heath professionals to expand health-care services in rural British Columbia.
Three young suspects have been arrested in connection with a swarming attack on a teenager in B.C.'s Okanagan last week 鈥 and authorities have asked the public to stop circulating disturbing videos of the incident.
While the summer may be over, construction season in Lethbridge is not.
Lethbridge police executed dozens of warrants and laid numerous charges in another targeted enforcement project in the downtown area.
A person was airlifted to hospital following a serious crash in Taber, Alta., on Friday morning. Taber RCMP responded to the scene on Highway 864 around 10:30 a.m., for a crash involving an SUV and a semi-truck.
The Ontario College of Family Physicians has presented awards to 750 doctors based on comments from patients, including eight physicians who are part of the Group Health Centre in Sault Ste. Marie.
Two teens, ages 14 and 19, have been charged with arson in connection with a July 14 fire in Cat Lake First Nation that destroyed $500,000 in construction materials.
A northeastern Ontario jury has started deliberating in Canadian musician Jacob Hoggard's sexual assault trial, we can now tell you what they weren't allowed to hear.
He may not have logged the fastest time or even gone the full distance, but residents of a Newfoundland town agree the goat who unexpectedly joined the local weekend half marathon was the event's undisputed champion.
A mother in a community where the cost of living is one of the highest in the country says grocery prices are 'inhumane' and retailers are putting profits ahead of people鈥檚 basic human right to food.
A soccer game in England on Tuesday night drove a spike in online traffic across the Atlantic to a website launched by the Newfoundland and Labrador government.
The Shopping Trends team is independent of the journalists at 麻豆影视. We may earn a commission when you use our links to shop.聽Read about us.
