Trump: N.Y. trial should hold for immunity ruling
NEW YORK — Donald Trump is seeking to delay his March 25 hush money trial until the Supreme Court rules on the presidential immunity claims he raised in another of his criminal cases.
The Republican former president’s lawyers on Monday asked Manhattan Judge Juan Manuel Merchan to adjourn the New York criminal trial indefinitely until Trump’s immunity claim in his Washington, D.C., election interference case is resolved. Merchan did not immediately rule.
Trump contends he is immune from prosecution for conduct alleged to involve official acts during his ten- ure in office. His lawyers argue some of the evidence and alleged acts in the hush money case overlap with his time in the White House and constitute official acts.
The Supreme Court is scheduled to hear arguments April 25, a month after the scheduled start of jury selec- tion in Trump’s hush money case. It is the first of his four criminal cases slated to go to trial as he closes in on the Republican presiden- tial nomination in his quest to retake the White House.
The Manhattan district attorney’s office declined to comment. Prosecutors are expected to respond to Trump’s delay request in court papers later this week.
Trump first raised the immunity issue in his Wash- ington, D.C., criminal case, which involves allegations that he worked to overturn the results of the 2020 elec- tion in the run-up to the vio- lent riot by his supporters at the U.S. Capitol on Jan. 6, 2021.
The hush money case centers on allegations that Trump falsified his com- pany’s internal records to hide the true nature of pay- ments to his former lawyer Michael Cohen, who helped Trump bury negative sto- ries during his 2016 pres- idential campaign. Among other things, Cohen paid porn actor Stormy Daniels $130,000 to suppress her claims of an extramarital sexual encounter with Trump years earlier.
Trump’s lawyers argue that some evidence Man- hattan prosecutors plan to introduce at the hush money trial, including messages he posted on social media in 2018 about money paid to Cohen, were from his time as president and constituted official acts.
Trump pleaded not guilty last year to 34 felony counts of falsifying busi- ness records. He has denied having a sexual encounter with Daniels, and his law- yers argue the payments to Cohen were legitimate legal expenses and not part of any cover-up.
A federal judge last year rejected Trump’s claim that al egations in the hush money indictment involved official dut es, nixing his bid to move the case from state court to federal court. Had the case been moved to federal court, Trump’s lawyers could’ve tried to get the charges dismissed on the grounds that federal officials have immunity from prosecution over actions taken as part of their official duties.
“The evidence overwhelmingly suggests that the matter was a purely a personal item of the President — a cover-up of an embarrassing event,” U.S. District Judge Alvin Hellerstein wrote last July. “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.”
Trump’s lawyers appealed Hellerstein’s ruling, but dropped the appeal in November. They said they were doing so with prejudice, meaning they couldn’t change their minds.
The question of whether a former president is immune from federal prosecution for official acts taken in office is legally untested.