Former President Donald Trump’s latest effort to delay the upcoming sentencing in his criminal hush money case has hit a snag.
A day after Trump’s attorneys asked a federal court in New York to remove the case from state court, the court on Friday rejected their filing as “deficient,” a notice on the court’s docket said.
According to the notice, the filing was sent back in part because the attorneys failed to include written permission from either the court or prosecutors.
In a separate letter to Judge Juan Merchan, the New York judge overseeing the case, Trump’s lawyers flagged their attempt to move the case to federal court while continuing to urge Merchan to delay the sentencing, which is currently scheduled for Sept. 18.
“There is no good reason to sentence President Trump prior to November 5, 2024, if there is to be a sentencing at all, or to drive the post-trial proceedings forward on a needlessly accelerated timeline relative to the manner in which similar issues are being addressed by the Special Counsel’s Office and the Department of Justice,” defense attorneys Todd Blanche and Emil Bove wrote.
Trump was found guilty in May on 34 felony counts of falsifying business records related to a hush money payment to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election. He has said he will appeal the decision.
In this July 31, 2024, file photo, former President and Republican presidential candidate Donald Trump speaks at a campaign rally at the New Holland Arena in Harrisburg, Pa.
Joe Lamberti/AFP via Getty Images, FILE
Trump’s lawyers argued in Thursday’s filing that the former president’s new indictment in his federal election interference case helps their argument that the New York conviction should be thrown out on the basis of presidential immunity.
Special counsel Jack Smith on Tuesday charged Trump in a superseding indictment in the Jan. 6 case that was adjusted to respect the Supreme Court’s recent ruling that Trump is entitled to immunity from criminal prosecution for official acts undertaken as president.
“Those prosecutors’ unsuccessful efforts to purge the taint of the Presidential immunity violations identified by the Supreme Court in Trump, by obtaining a new charging instrument from a different grand jury, are consistent with President Trump’s position in this case that DANY’s use of official-acts evidence in grand jury proceedings requires dismissal,” Thursday’s filing said.
Former President Donald Trump’s attempt to delay the sentencing of his former lawyer, Michael Cohen, in the hush money case is facing obstacles as the legal battle continues to unfold.
Cohen pleaded guilty in 2018 to charges of campaign finance violations related to payments made to two women who claimed to have had affairs with Trump. The payments were made in the lead-up to the 2016 presidential election in an effort to keep the affairs quiet and protect Trump’s candidacy.
Trump has denied any wrongdoing in the case and has sought to distance himself from Cohen’s actions. However, federal prosecutors have continued to investigate the matter, leading to Cohen’s sentencing being delayed multiple times.
Most recently, Trump’s legal team filed a motion to delay Cohen’s sentencing once again, citing ongoing investigations and potential new evidence that could impact the case. However, the judge overseeing the case has expressed skepticism about the need for further delays and has indicated that he may move forward with sentencing in the near future.
The obstacles facing Trump’s attempt to delay Cohen’s sentencing highlight the complexities of the hush money case and the legal challenges that continue to plague the former president. Despite Trump’s efforts to distance himself from the scandal, the ongoing investigations and legal proceedings serve as a reminder of the controversies that have surrounded his presidency.
As the legal battle over Cohen’s sentencing continues to unfold, it remains to be seen how Trump and his legal team will navigate the obstacles they face in their efforts to delay the proceedings. The outcome of the case could have significant implications for both Trump and Cohen, as well as for the broader political landscape in the United States.
