NEW YORK, NY, July 12, 2024 (Bee News Daily) —Former President Donald J. Trump has requested a judge to dismiss his criminal hush money conviction.
This appeal follows a recent Supreme Court ruling on presidential immunity, which Trump’s legal team argues should apply to his case.
The Supreme Court decision outlines circumstances under which a former president must be shielded from prosecution. Trump’s attorneys contend that evidence used during his trial was impermissible based on this ruling.
The Supreme Court’s ruling on presidential immunity, which could support the motion to dismiss former President Trump’s hush money conviction, established that:
- Presidents and former presidents have broad immunity from criminal prosecution for official acts they took while in office.
- The court decided in a 6-3 decision that this immunity extends to “core official actions” and includes presumptive immunity for other official acts.
- The ruling does not grant immunity for unofficial acts.
The case has been remanded to the lower courts to determine if Trump’s actions constituted “official acts”.
Chief Justice John Roberts wrote the majority opinion, emphasizing that the immunity is not absolute and does not apply to the specific case in question, where Trump is accused of trying to overturn the 2020 election.
Justice Sonia Sotomayor’s dissent highlighted concerns that the decision reshapes the presidency and undermines the principle that no one is above the law. The Department of Justice has brought charges against Trump related to the 2020 election, and the courts will now need to assess whether his actions fall under his official duties.
The sentencing, originally scheduled for July, has been postponed to September to allow time for legal briefings on the immunity question. Prosecutors are expected to respond to Trump’s filing by July 24.
_____________
Bee News Daily (C)2024
