Trump asks for conviction to be overturned after immunity ruling

29 minutes ago

Donald Trump's lawyers have asked for the former president's conviction in his hush-money criminal case to be overturned and his sentencing this month delayed, US media report.

A letter sent by Trump's lawyers to the New York judge presiding over the trial reportedly cites Monday's Supreme Court ruling that granted the former president immunity from prosecution for official actions he took while in office.

In May, Trump was convicted on 34 counts of falsifying business records. He will be sentenced on 11 July.

His team points out that he signed off the records while president in 2017, but one lawyer suggested this was unlikely to be considered an official act.

Last year, Trump's lawyers similarly argued that the allegations in the case involved that were within the scope of his official presidential duties.

However, a federal judge wrote that Trump had failed to show that his conduct was "for or relating to any act performed by or for the President under [scope] of the official acts of a president".

Monday's ruling by the Supreme Court was hailed by Trump as a "big win" for democracy.

The justices found that a president had immunity for "official acts" but was not immune for "unofficial acts".

The verdict related to a separate case against Trump: he is suspected of trying to illegally overturn the 2020 presidential election result that gave victory to Joe Biden.

Reacting to the Supreme Court ruling, President Biden described it as a "dangerous precedent" that undermined the "rule of law" in America.

Trump's lawyers sent the letter to New York Judge Juan Merchan on Monday, according to the BBC's US partner CBS News and other media.

The lawyers argue that the Supreme Court’s latest decision confirmed the defence position in the New York case that some prosecution evidence should not have been allowed because this constituted official presidential acts.

The letter is yet to be made public, and Judge Merchan has not commented on the issue.

In May, a panel of 12 Manhattan jurors unanimously convicted Trump on all counts of falsifying business records.

During the trial, the court heard from a number of witnesses, including former adult film star Stormy Daniels, whose alleged sexual encounter with the former president was at the centre of the case.

The former president was accused of having concealed a payment to buy the silence of Ms Daniels in the final days of his 2016 election campaign.

Prosecutors had argued that, by approving a scheme to disguise the money as legal expenses, Trump broke election law.

Trump called the verdict in the New York case a "disgrace".

But the Supreme Court decision is unlikely to affect Trump's conviction, said Mark Zauderer, prominent appellate attorney in New York.

"The allegations in the New York fraud case in which Trump was convicted seem clearly to relate to unofficial conduct by Trump, none of which would seem to involve his official duties," he told the BBC.

"While Trump will be able to litigate his immunity defence in some of his cases, he will have a most difficult time succeeding with this argument in the New York case."

Additional reporting by Kayla Epstein.