Donald Trump’s lawyers have asked a New York judge to overturn his conviction on money laundering charges and throw out the case, arguing that his landmark trial was “tainted” by evidence that was allowed because of a recent Supreme Court ruling on presidential immunity.
The former president’s lawyers laid out their arguments for overturning the guilty verdict in a court filing made public Thursday, criticizing Manhattan prosecutors for rushing to try Trump while the high court was considering his immunity claims. Trump was convicted in May of falsifying records to cover up an alleged sex scandal. He is the first former president convicted of a crime.
Trump’s lawyers, Todd Blanche and Emile Beauvais, asked trial judge Juan M. Merchan to vacate the jury’s verdict and dismiss the indictment, which would prevent prosecutors from retrying the case. Merchan said he would rule on the defense motions on Sept. 6 and sentence Trump on Sept. 18 “if it is still necessary.” Prosecutors have until July 24 to respond to the defense’s arguments.
“Instead of waiting for the Supreme Court’s direction, prosecutors arrogantly flouted President Trump’s immunity and insisted on rushing to trial,” Blanche and Bowe wrote. Addressing Merchan directly, they said: “Your Honor now has the power to remedy this injustice, and the court has a duty to do so in light of the Supreme Court’s decision.”
The Manhattan District Attorney’s Office declined to comment on the incident.
The Supreme Court issued its immunity ruling on July 1, granting presidents broad immunity and insulating them from prosecution for official acts. It also prevents prosecutors from subpoenaing official documents to prove the illegality of the president’s unofficial actions.
Hours later, Trump’s lawyers wrote to Merchan asking him to vacate the ruling and delay Trump’s sentencing, which was scheduled for Thursday. The Supreme Court has not determined what constitutes an official document and left that up to lower courts.
Trump’s trial began on April 15. The Supreme Court did not hear arguments on his requests for immunity until April 25.
Trump was convicted on May 30 of 34 felony counts of falsifying business records that prosecutors said was an attempt to cover up a $130,000 payment to porn star Stormy Daniels before the 2016 presidential election.
Daniels says she had sex with Trump in 2006. Trump has repeatedly denied this, saying in a June 27 debate with President Biden: “I did not have sex with a porn star.” He has vowed to appeal the verdict, but cannot do so until the verdict is known.
Prosecutors said the payment to Daniels was part of a broader scheme to buy the silence of people who might have come forward with embarrassing stories about Trump’s extramarital sexual relationships during the campaign.
Trump’s former lawyer, Michael Cohen, paid Daniels and Trump reimbursed him. Prosecutors said Cohen, with Trump’s knowledge, concealed the reimbursements by filing retainer invoices as Trump’s personal attorney. Trump’s firm recorded the payments to Cohen as legal expenses.
Trump was convicted after a seven-week trial that included testimony from 22 witnesses, including Cohen and Daniels. Trump refused to testify on his own behalf.
Trump denied any wrongdoing and said all the reports were false.
His lawyers argued that jurors were not allowed to hear about certain matters, including alleged conversations about the president’s pardon power, as well as conversations he had with then-White House communications director Hope Hicks, testimony from another aide about how Trump received personal messages in the Oval Office and tweets he sent while president.
The defense also complained about some of the testimony it described as “national security matters” — a description from a Trump aide who sometimes carried various White House documents to Air Force One and Marine Corps 1 — and noted that some calls to the House were routed to a secure line in the situation room.
Trump’s lawyers wrote that prosecutors attempted to assign a “criminal motive” to some of Trump’s actions while in office — for example, that some of his tweets in 2018 were part of a “pressure campaign” to oust Cohen.
The defense attorney argued that the Supreme Court’s decision “refuses to investigate those motives.”
Jurors were shown tweets from 2018 in which the president first candidly described Cohen as someone who wouldn’t “go away,” but then as someone who made up stories to save himself. The change in tone came after Cohen pleaded guilty to federal campaign finance violations and said Trump directed hush money payments. Prosecutors described the tweets as an attempt to toughen Cohen into staying loyal and then punish him for not doing so.
In Thursday’s filing, Trump’s lawyers responded that the tweets “communicate with the American people on matters of public interest that relate to President Trump’s credibility as commander in chief.”
The question of whether jurors have a right to hear the president’s conduct has divided even the conservative members of the Supreme Court responsible for the majority opinion.
Justice Amy Coney Barrett, in a separate opinion, wrote that the Constitution does not require judges to be blind “to the circumstances surrounding conduct for which presidents may be held accountable,” and suggested the case would unwisely “shift” the impeachment to be dropped from the case. The proceedings are being scrutinized for “any mention of an official document.”
Trump’s lawyers previously sought presidential immunity in a failed attempt last year to move the hush money case from state court to federal court.
U.S. District Judge Alvin Hellerstein rejected Trump’s claim that the money laundering allegations were related to official duties, writing in July 2023: “The evidence overwhelmingly shows that this matter was a purely personal matter for the President — a cover-up of an embarrassing incident.”
“The money paid to an adult film star to keep her silence has nothing to do with the official actions of the president. This in no way reflects the colour of the president’s official duties,” Hellerstein said.
Trump’s lawyers subsequently sought to delay the money laundering hearing until the Supreme Court ruled on his immunity challenge. Merchan denied the request, declaring it barred because it came after the deadline for preliminary motions had expired.
The sentencing delay spared Trump the risk of possible jail time, probation, fines or other penalties, days before Republicans are set to formally nominate him as their presidential candidate at the party convention in Milwaukee.
sisak and Peltz writes for the Associated Press. AP writer Eric Tucker in Washington contributed to this report.
