Donald Trump’s lawyers want to ensure that the president-elect’s upcoming sentencing in New York for his conviction earlier this year in the case surrounding the fraudulent payment of hush money to porn star Stormy Daniels does not take place. According to a CNN source, they will try to overturn the case altogether.
Trump’s lawyers are expected to file a brief with the judge in the case in the coming days, arguing that as president-elect, Trump is entitled to the same constitutional protections as a sitting president and should be shielded from any action by state prosecutors.
The motion is expected before Judge Juan Merchan’s self-imposed November 12 deadline to decide whether Trump’s conviction in the case should be overturned in light of a Supreme Court decision (which ruled that presidents are immune from prosecution).
Postponement until 2029?
Trump was found guilty in May of falsifying business documents after paying hush money to porn star Stormy Daniels. However, the punishment was postponed until after the elections. The hearing is scheduled for November 26, but according to American media it is very unlikely that it will go ahead. Legal sources tell Politico that any punishment, whether house arrest, prison or community service, will affect the duties of a president, and no judge will therefore impose it.
According to Politico the prosecutor in the case can continue the hearing this month, but postpone the sentence until 2029, when Trump’s second term ends. However, the future president’s lawyers will argue that it will hinder the orderly transfer of power if Trump has to appear in court in the middle of the coming transition period.
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