US Court Rules Trump Eligible to Seek Dismissal of Hush Money Case: The US court has ruled that Trump is eligible to seek dismissal of the hush money case, citing immunity grounds. However, prosecutors have opposed this move, arguing that no current law establishes that a president’s temporary immunity from prosecution requires dismissal of a post-trial criminal proceeding. This development suggests that Trump’s scheduled sentencing in his Manhattan criminal hush-money case is all but certainly postponed.
According to the documents, Trump’s lawyers have argued that throwing out the case is necessary “in order to facilitate the orderly transition of Executive power” following his victory over Kamala Harris. They claimed that Trump has “legal immunity from criminal prosecution based on his current status as president-elect.”
However, prosecutors have opposed this move, arguing that no current law establishes that a president’s temporary immunity from prosecution requires dismissal of a post-trial criminal proceeding. They noted that Trump’s lawyers had previously expressed belief that he would be “completely immune from indictment or any criminal process,” but this claim was not supported by law.
Prosecutors also pointed out that Trump’s attempts to move the case to federal court had fallen flat, and that his claim that the appeals could not be concluded before inauguration did not justify dismissing the case. They contended that courts must balance differing constitutional interests to protect both the executive branch’s independence and the justice system’s integrity.
The development suggests that Trump’s scheduled 26 November sentencing in his Manhattan criminal hush-money case is all but certainly postponed, given the litany of issues to be litigated.
Background
Trump was found guilty on 30 May of 34 felony counts for falsifying business records in an illicit scheme to influence the 2016 election. Prosecutors said that Trump falsely recorded reimbursements to his then lawyer Michael Cohen, who paid the adult film star Stormy Daniels $130,000 for her silence about an alleged affair with Trump.
Prosecutors’ Response
Prosecutors have responded to Trump’s expected push for dismissal by arguing that the case should not be dismissed. They contend that courts must balance differing constitutional interests to protect both the executive branch’s independence and the justice system’s integrity.
Trump’s Lawyers Seek Dismissal
Trump’s lawyers are seeking to have the case dismissed on immunity grounds, arguing that throwing out the case is necessary “in order to facilitate the orderly transition of Executive power” following his victory over Kamala Harris.
Sentencing Postponed
The sentencing in Trump’s Manhattan criminal hush-money case is all but certainly postponed, given the litany of issues to be litigated. Prosecutors have asked for a week to indicate how they think this case should proceed.
Other Cases Affected
Trump’s win has sent other criminal proceedings against him into a tailspin. The justice department is winding down its two federal cases against Trump, and the state-level election interference case in Georgia appears to be in limbo.
- theguardian.com | Trump lawyers seek dismissal of hush money case on immunity ...
