Trump Seeks to Delay Sentencing and Overturn Conviction in Hush-Money Case
Former President Donald Trump has filed a petition asking to move his New York state criminal case to federal court, seeking to delay sentencing and overturn his conviction. Trump was found guilty of doctoring business records to hide hush-money payments to Stormy Daniels, a charge that could result in up to four years' imprisonment. Trump's lawyers argue that the Manhattan prosecution is unconstitutional and violates a recent Supreme Court ruling, which they claim gives the president immunity for official acts. They also argue that a post-trial gag order is restricting Trump's First Amendment rights and that his incarceration would be unconstitutional.
Key Takeaways:
- Trump's lawyers have filed a petition to move his New York state criminal case to federal court, citing the Supreme Court's recent ruling on presidential immunity.
- The lawyers argue that the Manhattan prosecution is unconstitutional and violates Trump's First Amendment rights due to a post-trial gag order.
- Trump's lawyers claim that his incarceration would be unconstitutional and would take him off the campaign trail.
- Trump was convicted on all 34 counts of doctoring business records to hide hush-money payments to Stormy Daniels.
- The lawyers argue that the Supreme Court ruling invalidates evidence used during the trial.
- Trump's lawyers claim that the ongoing prosecution is causing irreparable harm to Trump's presidential campaign and the federal government.
- The filing comes over a year after Trump's original request for a federal court to take up the case was rejected.
- Trump's lawyers are also seeking to delay sentencing until after the November 5 general election.
- Judge Juan Merchan is considering a motion to overturn Trump's conviction based on an immunity claim.
Statistics:
- Trump was convicted on 34 counts of doctoring business records to hide hush-money payments.
- Trump faces up to four years' imprisonment for his conviction.
- The Manhattan prosecution waived the death penalty, instead seeking up to four years' imprisonment.
- The Supreme Court ruling cited by Trump's lawyers was made in late May 2023.
- The petition was filed over a year after Trump's original request for a federal court to take up the case was rejected.
Sources:
- UPI, Aug. 30: "Donald Trump files petition to move New York state criminal case to federal court"
- Donald Trump's petition to the U.S. District Court for the Southern District of New York, Aug. 30 (made available through UPI)