Trump's Attorneys Request Dismissal of Hush Money Lawsuit Citing His Recent Election
Justice Juan Merchan has decided to temporarily halt all proceedings in the case for the time being.
TroibNews 
NEW YORK — Donald Trump’s legal team has requested that the judge overseeing his Manhattan hush money trial, which concluded with a conviction on 34 felony counts, dismiss the case now that Trump has been elected president.
Dismissing the case is “necessary to avoid unconstitutional impediments to President Trump's ability to govern,” Trump’s lawyers stated in a letter to the court released on Tuesday.
In response to Trump’s request, Justice Juan Merchan agreed to pause all proceedings related to the case. This includes a ruling anticipated on Tuesday regarding whether the Supreme Court's July decision on presidential immunity mandates the dismissal of Trump's conviction.
The case is currently on hold until November 19.
Previously, Justice Merchan scheduled a sentencing hearing for November 26, but this hearing now seems unlikely to proceed as intended. Prosecutors from Manhattan District Attorney Alvin Bragg’s office have requested the judge to “adjourn the upcoming scheduled dates” so they can evaluate the “unprecedented circumstances” of a convicted felon being elected president.
On May 30, Trump was found guilty in the Manhattan case on 34 counts of falsifying business records to conceal a hush money payment to porn star Stormy Daniels. Over the summer, he successfully delayed his sentencing twice, ultimately pushing it to a date after Election Day.
With Trump's election victory, many legal experts have speculated that his sentencing may not take place. The maximum penalty for his offenses is four years in prison, although lighter sentences such as probation or home confinement are also common. Imposing any criminal sentence on an incoming president would likely interfere with the president’s constitutional responsibilities to fulfill the duties of the office, according to legal analysts.
In a communication to the judge, Trump lawyer Emil Bove indicated that “there are strong reasons” for pausing the proceedings and for the “eventual dismissal of the case in the interests of justice.” Bove referenced the Presidential Transition Act — the federal law governing the orderly transfer of power — and the Supreme Court’s July 1 immunity ruling, which confirmed that former presidents enjoy broad immunity from criminal prosecution for actions taken while in office.
The hush money case originated from a $130,000 payment Trump orchestrated in October 2016, prior to his presidency. This payment was intended to conceal a sex scandal that could have adversely affected him during the closing days of the 2016 campaign. He was found guilty of falsifying the Trump Organization’s records to hide that payment after his election. Trump has contended that the conviction should be overturned because prosecutors introduced evidence regarding actions he took while in the White House during the trial.
In suggesting a pause in the proceedings, prosecutor Matthew Colangelo told the judge that advancing the case further should “appropriately balance the competing interests of a jury verdict of guilt following trial that has the presumption of regularity; and the Office of the President.”
Thomas Evans for TROIB News
Dismissing the case is “necessary to avoid unconstitutional impediments to President Trump's ability to govern,” Trump’s lawyers stated in a letter to the court released on Tuesday.
In response to Trump’s request, Justice Juan Merchan agreed to pause all proceedings related to the case. This includes a ruling anticipated on Tuesday regarding whether the Supreme Court's July decision on presidential immunity mandates the dismissal of Trump's conviction.
The case is currently on hold until November 19.
Previously, Justice Merchan scheduled a sentencing hearing for November 26, but this hearing now seems unlikely to proceed as intended. Prosecutors from Manhattan District Attorney Alvin Bragg’s office have requested the judge to “adjourn the upcoming scheduled dates” so they can evaluate the “unprecedented circumstances” of a convicted felon being elected president.
On May 30, Trump was found guilty in the Manhattan case on 34 counts of falsifying business records to conceal a hush money payment to porn star Stormy Daniels. Over the summer, he successfully delayed his sentencing twice, ultimately pushing it to a date after Election Day.
With Trump's election victory, many legal experts have speculated that his sentencing may not take place. The maximum penalty for his offenses is four years in prison, although lighter sentences such as probation or home confinement are also common. Imposing any criminal sentence on an incoming president would likely interfere with the president’s constitutional responsibilities to fulfill the duties of the office, according to legal analysts.
In a communication to the judge, Trump lawyer Emil Bove indicated that “there are strong reasons” for pausing the proceedings and for the “eventual dismissal of the case in the interests of justice.” Bove referenced the Presidential Transition Act — the federal law governing the orderly transfer of power — and the Supreme Court’s July 1 immunity ruling, which confirmed that former presidents enjoy broad immunity from criminal prosecution for actions taken while in office.
The hush money case originated from a $130,000 payment Trump orchestrated in October 2016, prior to his presidency. This payment was intended to conceal a sex scandal that could have adversely affected him during the closing days of the 2016 campaign. He was found guilty of falsifying the Trump Organization’s records to hide that payment after his election. Trump has contended that the conviction should be overturned because prosecutors introduced evidence regarding actions he took while in the White House during the trial.
In suggesting a pause in the proceedings, prosecutor Matthew Colangelo told the judge that advancing the case further should “appropriately balance the competing interests of a jury verdict of guilt following trial that has the presumption of regularity; and the Office of the President.”
Thomas Evans for TROIB News
