Former President Trump argued that prosecutors in his recent secret trial presented evidence that is protected by the Supreme Court’s presidential immunity ruling, an assertion that could overturn his conviction.
Trump does not claim immunity from the 34 counts of guilt, but argues that the verdict should be overturned because certain evidence was protected as “official acts” that should never have been shown to the jury.
Manhattan District Attorney Alvin Bragg’s (D) office is pushing back, and Judge Juan Merchan, meanwhile, has already delayed Trump’s sentencing until September.
As the battle heats up, here is the evidence that Trump’s lawyers already anticipated and believe to be official acts, as indicated by Trump’s defense in a letter to the court.
An important quote from Hope Hicks
Trump is disputing critical testimony provided by Hope Hicks on the final direct examination question. Hicks served as press secretary for Trump’s 2016 campaign and later in his White House.
Hicks indicated to jurors that Trump, while in office, told her that “it would have been bad” if porn star Stormy Daniels’ allegations of an affair with Trump, which he denies, were released publicly before the election.
It reinforced prosecutors’ narrative that the hush money paid to Daniels at the center of the case was directly related to the campaign, rather than to avoid embarrassment for Trump’s family or other non-political reasons. Hicks appeared to notice the damage, breaking down in tears moments later.
Prosecutor Joshua Steinglass returned to the stand in his marathon closing arguments, telling jurors that the testimony “puts the nail in Mr. Trump’s coffin.”
Trump’s tweets
Trump’s lawyers have signaled they believe that six of the former president’s tweets, all issued while he was in the White House and which were shown to jurors, also constitute protected “official acts.”
The tweets revolve around Trump’s attacks on Michael Cohen, the former Trump fixer who made the secret payment at the center of the case when he began attacking his former boss in 2018.
Cohen changed when federal prosecutors criminally investigated him, in part because of the hush money deal, searching his home and office in a case that ultimately led to Cohen pleading guilty in late 2018.
At the time of his presidency, the White House at one point said that Trump’s tweets, which he posted prolifically, counted as “official statements.”
Trump’s Government Ethics Form
“[I]n The 2016 expenses were incurred by one of Donald J. Trump’s lawyers, Michael Cohen. Cohen requested reimbursement for these expenses and Mr. Trump fully reimbursed Mr. Cohen in 2017.”
—Trump’s 2018 Government Ethics Form, p. 45
Trump’s team also claims that prosecutors should not have been able to produce Trump’s 2018 government ethics form that references the monetary hush agreement.
In the form, Trump suggests that his monthly payments to Cohen corresponding to the 34 indictments were, in fact, reimbursements for Cohen to pay Daniels, the porn star. This undermined the defense narrative that the payments were recorded truthfully: a legal retainer fee for Cohen’s work as the president’s personal lawyer.
Read Trump’s full ethics form here.
Trump call records
Finally, Trump’s lawyers say the jury should not have been able to see “toll records” that reflected calls involving Trump while he was in the White House.
Prosecutors showed jurors extensive records of calls during the trial, although many occurred before Trump was elected.
In particular, prosecutors showed jurors records indicating four phone calls between Trump and Cohen while he was in the White House.
Read call logs by clicking here.
This story originally appeared on thehill.com read the full story
