Home Back

Could Trump get hush money conviction overturned with SCOTUS immunity ruling?

nypost.com 2 days ago

Donald Trump faces an uphill battle as he attempts to nix his hush money case using the Supreme Court’s recent bombshell ruling granting presidents immunity for “official acts,” legal experts say.

The high court’s Monday decision dealt a crushing blow to the federal election-interference case against the 78-year-old Republican — but his bid to overturn his Manhattan conviction in light of the ruling is a long shot.

“The notion of this conviction in a New York court proceeding being overturned because of this immunity decision is remote approaching zero chance,” Steven Cohen, an adjunct professor at New York Law School and former federal prosecutor, told The Post.

The Supreme Court's ruling on presidential immunity has little chance to overturn former President Donald Trump's conviction in his Manhattan hush money case.
The Supreme Court’s ruling on presidential immunity has little chance to overturn former President Donald Trump’s conviction in his Manhattan hush money case.

Here’s everything you need to know about the SCOTUS ruling’s impact on Trump’s conviction:

What is Trump arguing?

Trump’s lawyers are arguing that prosecutors in the Manhattan District Attorney’s Office improperly allowed jurors to hear evidence from Trump’s time in the White House, including key testimony from his former top communications aide Hope Hicks.

Hicks testified that Trump, in a 2018 conversation when he was president, felt “it was better to be dealing” with sex allegations from porn star Stormy Daniels at that time than before the 2016 election.

The testimony was “devastating” evidence that the hush money payment to Daniels was part of an illegal “conspiracy” to hide her story from voters in 2016, prosecutor Josh Steinglass said in his closing statement.

Trump’s lawyers say jurors should not have heard the Hicks testimony, and other evidence from the ex-president’s stint in the White House that they claim unfairly influenced the jury.

“This official-acts evidence should never have been put before the jury,”  the attorneys wrote in a letter to Merchan this week.

“After further briefing on these issues…it will be manifest that the trial result cannot stand,” they added.

Trump's lawyers claim that the jury was improperly allowed to hear testimony about Trump's time in the White House from his former aide Hope Hicks.
Trump’s lawyers claim that the jury was improperly allowed to hear testimony about Trump’s time in the White House from his former aide Hope Hicks.
The court's ruling dealt a blow to the election-interference case against Trump.
The court’s ruling dealt a blow to the election-interference case against Trump.

Their full motion on the issue is due July 10. Prosecutors’ response is due July 24.

In an ironic twist, experts said Trump may have had a stronger argument on the immunity question if his ex-fixer Michael Cohen — who testified about being spurned for a White House post — was part of the administration during the coverup scheme.

“Curiously enough, he may live to regret that he didn’t put Michael Cohen on the White House payroll,” attorney Steven Cohen said, “Because the person he chose to take care of all of this wasn’t a White House employee, wasn’t a government employee, so it’s hard to argue that what Michael Cohen was up to was in anyway an ‘official’ act.”

Could Trump’s conviction be overturned?

Manhattan Supreme Court Justice Juan Merchan has left open the possibility that he could side with Trump and vacate the jury’s May 30 verdict finding the ex-president guilty on 34 felony counts of falsifying business records.

But legal eagles said it’s likely Merchan will rule that Trump’s covering up the Daniels hush money payment throughout 2017 — including by signing checks to his Michael Cohen while sitting in the Oval Office — is not part of a president’s official duties.

“It’s far fetched to believe that covering up payments to a porn star are part of the core constitutional duties of the presidency,” said Duncan Levin, a criminal defense lawyer and former federal prosecutor.

Trump was found guilty on 34 felony counts of falsifying business records.
Trump was found guilty on 34 felony counts of falsifying business records.

The judge may then leave questions about whether prosecutors inappropriately used trial evidence from Trump’s time in the White House for appeals courts to decide, experts explained.

Lawyers who spoke with The Post said it’s unlikely, however, that the state appeals court throw out the conviction based on the immunity issue.

Defense lawyer Robert Gottlieb said that appeals courts will likely find that the challenged evidence in question is relatively “harmless,” and “could very well still uphold the verdict.”

Trump is set to be sentenced on Sept. 18.
Trump is set to be sentenced on Sept. 18.

But Gottlieb added that, “In today’s legal world that has been upside down, I would be a fool to say anything is impossible.”

A Manhattan federal judge also ruled in April 2023 that the hush money payment and cover up at the core of the case were outside the scope of Trump’s “official” presidential duties.

“Hush money paid to an adult film star is not related to a president’s official acts,” Judge Alvin Hellerstein wrote.

When will Trump be sentenced?

Merchan, after prosecutors agreed to a delay, moved the July 11 sentencing date to September.

“This is an example of the court and the prosecution trying to be fair, and hear out the claims that he has in order or not to have an appellate issue,” Levin told The Post. “But none of the claims are likely to actually change the outcome in any way in this case.”

The sentencing is currently scheduled for Sept. 18, but only “if such is necessary” after Merchan rules on the immunity issue by Sept.6, the judge said in a letter posted to the public court docket Tuesday.

Trump has vowed to appeal the case after he’s sentenced.

What sentence does Trump face?

Trump faces up to four years in prison on his felony convictions.

But given that the real estate mogul was found guilty of non-violent crimes and has never been convicted before, legal experts say that he’s unlikely to get hard time, and is more likely to receive probation or community service.

If Merchan does sentence Trump to serve time behind bars, the presumptive GOP nominee will likely be able to pause the sentence until the case works its way though the appeals courts, experts said.

If Trump wins the election in November, he wouldn’t serve any theoretical time behind bars until he leaves office, according to the attorneys.

But since he would be a federal official, and the hush money case is a state case, he would have no power to pardon himself.

People are also reading