The Manhattan District Attorney’s office has asserted that former President Donald Trump does not have the grounds to claim presidential immunity in his attempt to overturn the guilty verdict in his hush money trial. This comes after the defense’s latest efforts, citing a recent U.S. Supreme Court ruling on presidential immunity, were deemed inapplicable by the prosecution.
Manhattan DA Alvin Bragg’s office, led by a team of prosecutors, contends that the ruling on presidential immunity for “official acts” does not extend to Trump’s case, which involves personal misconduct. The case centers on Trump’s involvement in a scheme to conceal an affair with porn star Stormy Daniels by unlawfully falsifying business records.
In their recent filing to Judge Juan Merchan, the prosecutors detailed their position, arguing that the evidence against Trump pertains strictly to personal conduct. “This case involved evidence of defendant’s personal conduct, not his official acts,” the prosecutors wrote in the 66-page document.
Trump was found guilty on May 30 of 34 felony counts of falsifying business records. The charges relate to a $130,000 payment made by Trump’s former lawyer Michael Cohen to Stormy Daniels to ensure her silence about an alleged sexual encounter with Trump before the 2016 election. Trump has consistently denied any involvement with Daniels.
The defense has sought to leverage a Supreme Court ruling from 1 July, which stated that presidents cannot face criminal charges over official acts, to argue that the evidence in Trump’s case should be dismissed. However, the Manhattan DA’s office maintains that the ruling does not apply since the conduct in question predates Trump’s presidency and pertains to personal, not official, activities.
In their filing, the prosecutors emphasized that the grand jury evidence presented far exceeded the required threshold to support the charges of falsifying business records. They also highlighted that no part of the evidence relied on any official acts by Trump, refuting the defense’s claims that presidential immunity should shield Trump from the verdict.
Judge Merchan has postponed Trump’s sentencing, initially set for July 11, to 18 September to allow time for reviewing the Supreme Court’s ruling and the motions filed by both the prosecution and the defense. This delay places the sentencing just under two months before the upcoming presidential election, in which Trump is a key contender.
In a statement to MSNBC’s Rachel Maddow, Stormy Daniels expressed concern for her safety and that of her teenage daughter. This context is underscored by the recent arrest of Spencer Gear, a Las Vegas man charged with threatening to harm several government officials, including DA Alvin Bragg and Judge Juan Merchan.
Judge Merchan is expected to make a decision on the defense’s arguments by 6 September. If the conviction is upheld, the case will proceed to sentencing, after which Trump could formally appeal the verdict and the sentence to a higher-level state court.