Former President Donald Trump's legal team filed a letter Monday seeking permission from acting Justice Juan Merchan to file a motion to overturn the jury's guilty verdict in the New York criminal case, the New York Times reported.
The letter was sent shortly after the Supreme Court ruled on Trump's presidential immunity motion. In a 6-3 vote, the justices determined that presidents have absolute immunity for official acts and no immunity for unofficial acts.
'Evidence of those acts cannot be used.'
The Supreme Court did not define what constitutes an official act, which will be left up to the lower courts to determine.
In response to the ruling, Trump wrote on Truth Social, "BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN!"
Trump was convicted on all 34 felony counts of falsifying business records in the New York criminal case. The alleged illegal acts occurred during Trump's 2016 campaign before he became president. Merchan is expected to hand down sentencing in the case on July 11. Trump is facing up to four years in prison.
In previous court filings, Trump's legal team argued that some of the evidence used in the New York trial — including Trump's social media posts about his former attorney Michael Cohen — were from his time in office and, therefore, should have been excluded.
Merchan implemented a policy requiring the prosecution and the defense to provide a one-page letter summarizing their arguments before submitting court filings. According to Merchan, the policy ensured he would not become inundated with paperwork.
If Merchan allows Trump's team to file the motion, sentencing would likely be delayed. However, it is unclear if Merchan will do so since the deadline to file post-trial motions has already passed.
The letter is expected to be made public on Tuesday. Manhattan District Attorney Alvin Bragg's (D) office will be given an opportunity to respond to the request.
Will Scharf, Trump's attorney, told CNN that the Supreme Court's recent ruling "absolutely" impacts the New York case. He argued that the prosecution used a "substantial number of official acts of the presidency" as evidence in its case against Trump.
"The Supreme Court was very clear that for acts that fall within the outer perimeter of the president's official responsibilities, acts that are presumptively immune from prosecution, that evidence of those acts cannot be used to try essentially private acts," Scharf told the news outlet.
Scharf added, "At the very least, we deserve a new trial where those immune acts will not come into evidence, as the Supreme Court dictated today."
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Last month, a Manhattan jury found former President Donald Trump guilty on all 34 counts of falsifying business records. But Trump's attorneys have "several paths for appeal," legal experts told Blaze News.
Following the guilty verdict in late May, Trump's legal team immediately announced its plan to challenge the ruling and expressed confidence that it would be successfully overturned.
"This was a verdict that we were expecting. We're going to appeal, and we're going to win on appeal," Todd Blanche, Trump's attorney, told the "Today" show after the jury's verdict was revealed. "The goal is to appeal quickly and hopefully be vindicated quickly."
Blanche noted that they did not anticipate that Trump would "get a fair shake in Manhattan."
"Every single person on the jury knew Donald Trump as president, as candidate, from 'The Apprentice,' so I don't accept that this was a fair place to try President Trump," he said in an interview with CNN. "The law doesn't say, 'But if you can't avoid it, tough luck.' That's not what the law says. The law says a person is entitled to a fair trial in front of a jury of their peers, and we just think that because of everything around the lead of this trial, it made it very difficult for the jury to evaluate the evidence kind of independent of what they knew coming in."
Mike Davis, founder and president of Article III Project, told Blaze News that "Trump has several paths for appeal," including filing a substantive appeal on the merits of the case and an emergency relief from the judgment.
"The immediate focus should be getting a stay of the execution of the judgment," Davis explained, noting that Trump has "a very good chance" of securing an emergency petition and having his conviction reversed on appeal.
"The emergency petition can move very fast. That can happen before Trump actually goes to prison or is otherwise confined," he continued. "The appeal on the merits takes many, many months."
Trump and his attorneys have argued that Manhattan District Attorney Alvin Bragg's case against the former president was "rigged," pointing to the assignments of acting Justice Juan Merchan and one of Bragg's lead prosecutors, Matthew Colangelo.
In a post on Truth Social ahead of the jury's verdict, Trump called the case a "highly political, unconstitutional, and election interfering witch hunt."
Merchan's daughter, Loren, is the president of a Chicago-based progressive political consulting firm. Two of the company's Democratic clients have raised at least $93 million in campaign donations, according to a report from the New York Post. The clients' solicitation emails mentioned the New York case against Trump, leading the former president's legal team to argue that Judge Merchan has a conflict of interest with his daughter profiting from the case.
Trump's campaign spokesperson, Steven Cheung, has called Merchan "highly conflicted."
'Unprecedented republic-ending lawfare and election interference.'
Merchan was also slated to preside over a criminal fraud trial against Trump's former presidential adviser Steve Bannon. CNN recently reported that a different judge will be assigned to the case because of a scheduling conflict.
Criminal defense attorney David W. Fischer told Blaze News, "Trump's most salient issue on appeal is whether the outside invoices from Michael Cohen and other sources constitute 'business records' under New York law." Fischer previously explained that it is one of the most straightforward strategies for dismissing the case, and he now believes it is the best approach for appeal.
"To falsify a record means to take an existing record and change it in a way that changes the character of the record," Fischer stated. "It is not the addition of a false record into a business."
"The second strongest issue is that the jury was allowed to convict without being unanimous as to which federal crime they believed Trump committed," Fischer told Blaze News.
As part of Merchan's jury instructions, he told the panel that they did not need to be unanimous on "whether the defendant committed the crime personally, or acted in concert with another, or both." Additionally, the jurors were told they did not have to all agree about the "unlawful" means, which could have included violations of the Federal Election Campaign Act, falsification of other business records, or violations of tax laws.
Merchan told the jury, "You need not be unanimous as to what those unlawful means were ... you may consider: violations of FECA, falsification of other business records, violation of tax laws."
Fischer told Blaze News that the appeals process in the New York case "will not be resolved until well into 2025."
Trump referred to Colangelo, a leading prosecutor in the New York criminal trial, as a "top Democrat DOJ official," pointing to his former senior role in the Biden administration's Department of Justice. During his previous employment at the New York attorney general's office, Colangelo oversaw a lawsuit in 2018 that led to the closure of Trump's charitable organization. He was also involved in an investigation into the Trump Organization.
Colangelo's move from the top-ranking DOJ position to Bragg's team in 2022 was effectively a demotion, raising concerns that the transition was politically motivated. His former position with the DOJ has sparked allegations that the Biden administration was behind Trump's prosecution in New York.
A letter from the Biden administration Department of Justice obtained by the Associated Press contended that the department had nothing to do with Bragg's case.
Assistant Attorney General Carlos Uriarte wrote, "The District Attorney's office is a separate entity from the Department. The Department does not supervise the work of the District Attorney's office, does not approve its charging decisions, and does not try its cases."
"The Department has no control over the District Attorney, just as the District Attorney has no control over the Department," Uriarte added.
The House Judiciary Committee launched an investigation into Colangelo's appointment. In a letter to Attorney General Merrick Garland, Chairman Rep. Jim Jordan (R-Ohio) demanded "documents and communication" related to Colangelo and his "hiring, employment, and termination" at the DOJ.
Bragg and Colangelo will testify before the House Select Subcommittee on the Weaponization of the Federal Government on July 12, a day after Trump is scheduled to be sentenced in the New York criminal case, in which he faces up to four years in prison. Jordan has argued that Colangelo's appointment to Bragg's team has "given the perception that the Justice Department is assisting in" the "politicized prosecution" of Trump.
Bragg's office accused the committee of spreading false information.
"It undermines the rule of law to spread dangerous misinformation, baseless claims, and conspiracy theories following the jury's return of a full-count felony conviction in People v. Trump," a spokesperson from Bragg's office stated. "Nonetheless, we respect our government institutions and plan to appear voluntarily before the subcommittee after sentencing."
The prosecution's star witness in the case, Trump's former lawyer Michael Cohen, leading up to the trial, used his platform on social media to criticize Trump and his presidential campaign and promote the sale of T-shirts bearing an illustrated image of Trump behind bars. During his testimony, Cohen admitted to earning roughly $4.4 million since he began writing books and making podcast appearances disparaging Trump. Cohen also admitted to repeatedly lying and even stealing money from the Trump Organization.
Porn actress Stormy Daniels, another lead witness in the case, also made a profit from the scandal, claiming she had an affair with Trump decades ago. Daniels signed a book deal and also profited from a strip club tour dubbed "Make America Horny Again," which she testified that she did not name.
Merchan placed a gag order against Trump, preventing him from speaking publicly about anyone involved in the case or their family members, with the exception of the judge and DA Bragg.
Davis told Blaze News, "Trump should absolutely file a civil lawsuit against all of these Biden Democrat prosecutors who are engaging in this unprecedented republic-ending lawfare and election interference against Trump. And state attorneys general, like in Florida, in Georgia, and elsewhere, should open criminal probes — so should the Maricopa County Attorney in Arizona. Congress should assume more aggressive oversight. And when Trump is back in office, his Justice Department on day one should open civil rights and other criminal investigations on this republic-ending lawfare by Biden and his aides and allies."
Will Scharf, Trump's attorney, stated last month that the former president's legal team is "considering all options" to appeal the conviction.
'A weak legal case but a strong public relations move.'
Scharf told Fox News, "This case is replete with reversible error going back to the very first day, continuing through jury instructions. Every aspect of this case is ripe for appeal. We are going to appeal as quickly as we can. We will seek expedited review of this case."
"All options are on the table," he continued. "And we are actively considering all options that could lead to justice for President Trump here, because justice has not been done in this New York courtroom today."
Scharf stated that Trump's legal team is considering filing a lawsuit against Bragg for "malicious prosecution," noting that he believes the case "is extraordinarily strong."
"This is not a case that would have been brought against any defendant not named Donald Trump and any defendant who frankly wasn't running for president," Scharf told Fox News.
Fischer told Blaze News that the potential "lawsuit against Alvin Bragg would be a weak legal case but a strong public relations move for candidate Trump."
Ahead of the Thursday evening CNN Presidential Debate, Judge Merchan partially lifted the restrictive gag order against Trump, allowing him to publicly discuss the witnesses, including Cohen and Daniels. The gag order still prevents Trump from speaking about Bragg's team, Merchan's daughter, or others involved in the case.
During the debate, Trump claimed that the New York case against him was President Joe Biden's way of attacking his political opponent.
"[Biden] basically went after his political opponent because he thought it was going to damage me," Trump stated, adding that his campaign has never generated more contributions than it did after the jury's guilty verdict. "That case is going to be appealed and won."
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Donald Trump attorney Todd Blanche told the "Today" show on Friday that the former president's defense team in the New York case was "expecting" a guilty verdict. He noted that they plan to appeal.
On Thursday, a jury found Trump guilty of all 34 counts of falsifying business records, Blaze News previously reported. Manhattan District Attorney Alvin Bragg (D) filed the charges against the former president last year.
'I don't accept that this was a fair place to try President Trump.'
"This was a verdict that we were expecting. We're going to appeal, and we're going to win on appeal," Blanche told the news outlet. "The goal is to appeal quickly and hopefully be vindicated quickly."
Blanche stated that Trump's defense team was neither shocked nor surprised by the outcome of the case.
"We didn't think we were gonna get a fair shake in Manhattan, and we didn't," he told the "Today" show.
Trump's attorney explained that there was "a lot of evidence" in the case that should have been presented to jurors but was rejected.
"We asked to bring in evidence, for example, of tax records of some of the witnesses. That was one of the theories of the prosecution. We weren't allowed to do that. There's a reliance on counsel theory that would have been, we believe, helpful to our defense that we were not allowed to bring in," Blanche continued. "The judge, as judges can do, limited in lots of ways our cross-examination of witnesses that made it a challenge."
Acting Justice Juan Merchan is expected to announce sentencing in July. Trump is facing up to four years in prison on each count. Blanche was asked whether he believed Bragg would request that Trump face prison time.
"I would hope not," he responded. "Under the guidelines and the rules of the court, what normally would happen, President Trump would not face a day in prison."
"He should not go to prison. I don't know what the district attorney is going to do," Blanche added.
He told the news outlet that the case is not over just because the jury returned a verdict, stating that Trump's legal team plans to appeal.
"I think the recusal issue is meaningful," Blanche explained. "I think the statute of limitations, the background of why this case was brought, is meaningful."
"I do not think Michael Cohen should ever be somebody who can be relied upon to convict somebody," he added, referring to Trump's former attorney.
In an interview with CNN on Thursday evening, Blanche stated, "Every single person on the jury knew Donald Trump as president, as candidate, from 'The Apprentice,' so I don't accept that this was a fair place to try President Trump."
CNN anchor Kaitlan Collins pushed back on Blanche's argument, stating that jurors knowing about the case going into the trial was unavoidable.
"The law doesn't say, 'But if you can't avoid it, tough luck.' That's not what the law says. The law says a person is entitled to a fair trial in front of a jury of their peers, and we just think that because of everything around the lead-up this trial, it made it very difficult for the jury to evaluate the evidence kind of independent of what they knew coming in," Blanche remarked.
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