Donald Trump's legal team is urging a New York judge to overturn his hush money conviction and dismiss the case. They argue that his trial was "tainted" by evidence that should not have been admitted due to the recent Supreme Court ruling on presidential immunity, The Associated Press reports. In a court filing made public Thursday, former President Trump’s lawyers argued that Manhattan prosecutors had rushed to try him without waiting for the Supreme Court to rule on his immunity claims. “Rather than wait for the Supreme Court’s guidance, the prosecutors scoffed with hubris at President Trump’s immunity motions and insisted on rushing to trial,” Trump lawyers Todd Blanche and Emil Bove said. Trump became the first ex-president convicted of a crime when a jury found him guilty in May of falsifying records to cover up a potential sex scandal. Trump’s lawyers urged Merchan to toss out not only the jury’s verdict but the indictment, which would prevent prosecutors from retrying the case.
Merchan has said he’ll rule on the defense’s requests on Sept. 6 and will sentence Trump on Sept. 18, “if such is still necessary.” The Manhattan district attorney’s office has until July 24 to respond to the defense filing. The Supreme Court’s July 1 immunity decision gave broad protections to presidents and insulated them from prosecution for official acts. It also restricted prosecutors from citing any official acts as evidence in trying to prove a president’s unofficial actions violated the law. The Supreme Court did not define what constitutes an official act, leaving that to lower courts. The ongoing immunity fight and ensuing sentencing delay have spared Trump the damage of a potential prison sentence, probation, fine or other punishments just days before he is to accept the Republican nomination for president at the party’s convention next week in Milwaukee. The postponement avoided the potential split screen of Trump being sentenced while Democrats continued to debate President Joe Biden’s viability as a reelection candidate after his debate performance last month.