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On Monday, former President Donald Trump requested that the full U.S. Court of Appeals for the Second Circuit postpone his criminal hush money case in New York. This request follows a recent decision by the presiding judge to delay Trump’s sentencing.
Judge Juan Merchan of New York announced on Friday that the sentencing, originally scheduled for September 18, would now take place on November 26. Merchan also indicated that he would make a ruling on November 12 regarding the dismissal of the verdict based on the premise of presidential immunity.
Trump’s defense attorneys, Todd Blanche and Emil Bove, sought an “en banc” hearing, asking the court to halt the proceedings indefinitely so that a federal court can address the significant question raised by the U.S. Supreme Court’s recent ruling on presidential immunity.
In their communication to the Second Circuit, the attorneys emphasized that the stay is crucial to maintain Trump’s right to a fair and organized litigation process concerning the defense of presidential immunity in a federal context.
The legal troubles for Trump escalated when he was found guilty in May on 34 felony counts of falsifying business records. These charges are linked to hush money paid to adult film actress Stormy Daniels, a payment aimed at enhancing Trump’s electoral prospects during the 2016 presidential campaign.
In seeking to have the case dismissed, Trump is leaning on a landmark Supreme Court ruling that granted him immunity from criminal prosecution for official acts performed while serving in office.
However, U.S. District Judge Alvin Hellerstein, in his ruling last week, rejected Trump’s attempt to transfer the case from state court to federal court. Judge Hellerstein argued that “Nothing in the Supreme Court’s opinion affects my previous conclusion that the hush money payments were private, unofficial acts, outside the bounds of executive authority.”
Following this ruling, Trump’s legal team requested that the Second Circuit put Hellerstein’s decision on hold.
The upcoming weeks could be pivotal in determining the trajectory of Trump’s legal battles, particularly as the Supreme Court’s opinion on presidential immunity remains a focal point of contention.
This ongoing legal saga underscores the complexities and consequences that stem from Trump’s business practices while in office, alongside the implications that surround accountability for actions taken during presidential duties.
As the situation continues to unfold, all eyes will be on the upcoming hearings and rulings that could impact not only Trump’s future but also the broader legal landscape for current and former presidents.
Source: ABC News