March 11 (UPI) — Attorneys for former President Donald Trump on Monday sought to delay the start of his upcoming criminal trial on charges of illegally covering up hush money payments to an adult film actress.
In a 26-page motion filed in state court in New York City, Trump’s attorney made the argument that several pieces of evidence to be used by Manhattan District Attorney Alvin Bragg in the looming fraud trial are covered by claims of presidential immunity and, thus, could excluded as part of an expected ruling by the U.S. Supreme Court.
Trump is seeking “an adjournment of the trial” in order to “await further guidance from the Supreme Court” on the immunity issue, according to the filing.
In the case, Trump is charged with 34 counts of falsifying business records to cover up alleged hush money payments to adult film star Stormy Daniels. Trump has pleaded not guilty and has denied he had an affair with Daniels.
Should jury selection begin as now scheduled on March 25, the trial would be the first criminal case against Trump to reach the trial stage before November’s presidential election, in which he is likely the Republican nominee.
In making the motion, Trump’s attorneys are attempting to delay the start of the state proceeding just as they have with his federal trial on charges of inciting a violent mob on Jan. 6, 2021, in an attempt to overthrow the results of his 2020 election loss to Democrat Joe Biden.
In that case, the former president won a delay after the Supreme Court agreed to consider his sweeping claims of presidential immunity despite a pointed and unanimous rejection of those claims by the D.C. Circuit Court of Appeals. That trial is now on indefinite hold as the high court awaits an April 25 date for oral arguments.
Trump claimed in Monday’s filing that several aspects of the hush-money trial could be affected by the Supreme Court’s ruling in the Jan. 6 case, including Bragg’s claims the former president attempted to intimidate witnesses against testifying — likely including the case’s star witness, former top Trump aide and lawyer Michael Cohen.
Trump has also brought up the presidential immunity argument in two other pending cases against him, including federal charges of mishandling classified documents and the Georgia case accusing him of trying to influence state and officials into overturning his 2020 loss to Joe Biden in the state.
