Former President Donald Trump’s legal team has requested a postponement of his upcoming criminal trial in New York. They are urging the judge to wait until the U.S. Supreme Court delivers its ruling on the extent of presidential immunity.
If approved, the last-minute attempt would postpone the trial, originally set to begin on March 25, by a few weeks or possibly even months.
Former President Donald Trump is facing 34 charges related to falsifying business records in connection with a hush-money payment made to adult film star Stormy Daniels during his 2016 campaign. It is important to note that while the payment was made by Trump’s attorney, Michael Cohen, before Trump assumed the presidency, the subsequent payments to Cohen and the alleged falsification of business records occurred while Trump was in office.
According to Trump’s filing, he claims to be immune from state prosecution on the grounds of “official acts.” He argues that certain pieces of evidence, such as his tweets and public comments, should be excluded from the trial because they were part of his official duties.
Prosecutors from the office of Manhattan District Attorney Alvin Bragg have expressed their intention to present evidence during the trial regarding a purported “pressure campaign” carried out by President Trump in 2018 in connection with Michael Cohen. This evidence includes the President’s public statements and tweets concerning Cohen.
According to the argument, the statements made by the individual in question were part of their presidential duties and fell within the scope of communicating with the public on matters of public concern.
Trump’s lawyers suggested that there is a lack of clarity regarding the official nature of the business records signed by Trump in relation to the payments. They argued that the prosecution has not provided enough specific information about the evidence from the period when Trump was in office, making it difficult for Trump or the Court to differentiate between his personal and official actions.
His lawyers have requested Judge Juan Merchan to postpone the trial until the Supreme Court issues its ruling on the extent of presidential immunity in the federal election interference case involving the former president. The Supreme Court is set to hear arguments in this case on April 25th.
In the previous year, Trump attempted to make a similar argument of immunity in the case, as he sought to have it transferred to federal court. However, U.S. District Judge Alvin Hellerstein vehemently rejected this plea.
In his ruling, Judge Hellerstein emphasized that the evidence strongly indicates that the matter was solely a personal item of the President. He stated that it was a cover-up of an embarrassing event and clarified that hush money paid to an adult film star is not connected to a President’s official acts.
According to him, the act of falsifying business records in order to conceal reimbursement and manipulate it as a business expense for Trump, while turning it into income for Cohen, does not pertain to a presidential responsibility.
Trump initially appealed the ruling, but subsequently withdrew it. This action suggests that the District Attorney’s office will argue that the matter has already been settled and that Trump has forfeited his ability to contest it.
President Trump has made a separate request to the judge overseeing the classified documents case in Florida. He has asked for an extension of some filing deadlines, citing the upcoming trial in New York as a reason. However, the request does not explicitly mention that Trump is seeking to have the trial delayed.
Adam Reiss, a talented reporter and producer, is currently working for NBC and MSNBC.
Lisa Rubin, a former litigator, currently serves as an MSNBC legal correspondent.
Tom Winter, an NBC News Investigative Unit correspondent based in New York, specializes in covering crime, courts, terrorism, and financial fraud on the East Coast.
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