President-elect Donald Trump has asked the US Supreme Court to avoid Friday’s ruling in his New York criminal hush money case.
In a filing Wednesday morning, defense attorneys argued that prosecuting Trump — who has tried to block the case based on his claim of presidential immunity — would damage “the institution of the Presidency and the functioning of the federal government.”
“Essentially, forcing President Trump to defend a criminal case and stand trial at the height of his presidential transition creates a constitutionally intolerable risk of undermining national security and vital American interests,” Trump’s lawyers said.
The Supreme Court requested a response from New York prosecutors Thursday at 10 a.m. ET.
The Manhattan district attorney, when asked for comment, said they will respond in court papers.
Later on Wednesday, Trump’s lawyers filed an eleventh-hour petition to New York’s highest court to stay the case.
Trump’s lawyers warned the New York Court of Appeals that proceeding with the ruling “could result in grave injustice and serious harm to the institution of the Presidency and the operations of the federal government,” in a filing that echoed Trump’s three other attempts this week. the case has been adjourned.
Former Republican US President Donald Trump speaks at the Faith and Freedom Road to Majority conference at the Washington Hilton on June 24, 2023 in Washington, DC.
Drew Angerer/Getty Images, FILE
“Under the doctrine of presidential immunity, it is unconstitutional to impeach the president-elect during a presidential transition, and to do so threatens to disrupt that transition and undermine the power of the incoming president of the United States,” argued Trump’s lawyers, who are unusual in asking two different courts at the same time. The same relief they took the step.
The motion will be heard by a single judge with jurisdiction to dismiss the case, and no oral argument is expected. Trump’s previous attempts to sway the New York Court of Appeals — such as challenges to gag orders in his criminal and civil cases — have been unsuccessful.
In their petition to the Supreme Court, Trump’s lawyers are asking the nation’s highest court for unprecedented intervention in the ongoing criminal trial of a former president — a three-judge nomination that cemented the court’s conservative majority — that would effectively throw out his criminal conviction. less than two weeks before taking office.
The move came after a New York appeals court ruling on Tuesday He denied Trump’s request to postpone the judgment of January 10.
It was Trump found guilty In May, adult film actress Stormy Daniels was indicted on 34 counts of falsifying business records to boost her electoral chances in the 2016 presidential election.
Trump has asked the Supreme Court to consider whether he has the right to suspend the proceedings in his appeal; whether presidential immunity prevents the use of evidence related to official acts; and whether the candidate for president has the same immunity as an incumbent president.
If upheld by the justices, Trump’s argument about the immunity of a president-elect could expand the breadth of presidential authority, giving a temporary private citizen the absolute immunity reserved for the office of president.
Trump’s lawyers argued that the Constitution and the doctrine of separation of powers “force the conclusion that the president-elect is completely immune from criminal process.”
In a 6-3 decision last year, the Supreme Court he expanded the boundaries presidential immunity, in which the former president is deemed to be exempt from alleged criminal liability, and is absolutely immune for acts related to his essential duties. The decision not only expanded the limits of presidential power, but overturned the criminal cases Trump was facing.
Despite his favorable opinion, Trump is uncertain how to convince the judges to stop the punishment. The Supreme Court does not normally entertain appeals from random interviews, even by the president-elect.
The president has been sentenced to four years in prison, but New York judge Juan Merchan has indicated that he intends to sentence Trump. unconditional discharge — a blemish on Trump’s record, no jail time, fines or parole — to respect Trump’s transition efforts and the principle of presidential immunity.
Defense lawyers argued that the sentence still “raises the specter of other restrictions on liberty.”
“In fact, every felony conviction carries significant collateral consequences for the defendant, regardless of whether a prison term is imposed,” Trump’s lawyers argued, although Judge Merchan plans to impose no restrictions on Trump.
Trump’s lawyers also argued that the former president’s conviction was based on evidence of official acts, including social media posts as president and testimony from close White House advisers. The judge in the New York case, Juan Merchan, ruled that Trump’s convictions are related “totally unofficial behavior“and “does not risk encroaching on the authority and function of the Executive branch.”
“This appeal will ultimately unseat the District Attorney’s politically motivated impeachment that was flawed from the start, centered on the false claims of a disgraced, serially lying ex-lawyer, that violated President Trump’s due process rights and had no merit,” Trump said. Proceedings in the Supreme Court.
