The decision on whether to overturn President-elect Donald Trump’s conviction in the New York hush money case has been delayed until November 19. The delay was agreed upon by Trump’s lawyers and the Manhattan district attorney’s office to allow time for new arguments on how Trump’s election victory impacts the case. Judge Juan Merchan was initially expected to rule on November 12 on whether to overturn the business fraud conviction based on this summer’s Supreme Court ruling on presidential immunity.
Trump’s attorney, Emil Bove, argued that the charges should be dismissed to avoid unconstitutional impediments to Trump’s ability to govern. Trump is seeking to vacate his conviction on 34 counts of falsifying business records after the U.S. Supreme Court determined in June that Trump should receive broad immunity for official acts during his time in office. Trump’s legal team argues that the indictment should be dismissed because the district attorney’s office relied on evidence related to his official acts as president during his first term that should not have been presented to the jury at trial.
Manhattan District Attorney Alvin Bragg‘s office has said Trump’s conviction should stand and that the evidence presented at trial was “overwhelming.”
Prosecutors argue that the Supreme Court’s ruling on evidence does not apply to this case because the crimes of which Trump was convicted were not “official acts” as president. According to CNN, Trump’s lawyers have also said that while president, Trump used his Twitter account as “one of the White House’s main vehicles for conducting official business,” so they said tweets from Trump’s official social media account should not have been presented as evidence at trial.
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