Donald Trump’s lawyers urged a judge to dismiss the Republican’s conviction for illegally covering up hush money payments to a porn star, arguing that his U.S. presidential election victory makes sentencing a threat to government stability.
In a letter filed Tuesday and released Wednesday, Trump’s legal team requested permission from New York State Supreme Court Justice Juan Merchan to submit a formal motion outlining their arguments by Dec. 20.
“Just as a sitting president is immune from any criminal process, so too is President Trump as President-elect,” the lawyers asserted in the letter.
Trump, 78, had been set for sentencing on Nov. 26, but Merchan paused all proceedings last week at the request of Manhattan District Attorney Alvin Bragg’s office. Bragg’s office plans to oppose Trump’s motion to dismiss the case and has suggested pausing it until Trump completes his four-year presidential term starting Jan. 20. However, they stopped short of explicitly endorsing that approach.
Trump, who served as president from 2017 to 2021, aims to begin his second term without the burden of the four criminal cases he has faced. Some opponents had predicted these cases would derail his 2024 presidential campaign.
In May, a jury convicted Trump of falsifying business records to conceal a $130,000 payment made by his former lawyer Michael Cohen to adult film actress Stormy Daniels. The payment aimed to buy her silence before the 2016 election about an alleged sexual encounter, which Trump denies. This marked the first time in U.S. history that a former or sitting president faced criminal conviction or charges.
Trump pleaded not guilty and has consistently characterized the case as a politically motivated effort by Bragg, a Democrat, to undermine his campaign.
In their Tuesday letter, Trump’s lawyers argued that continuing the case after his election victory would create unique instability and risk paralyzing the federal government.
Falsifying business records carries a penalty of up to four years in prison. Before his election, experts had deemed prison time unlikely, suggesting fines or probation as more probable outcomes. However, Trump’s Nov. 5 victory over Democratic Vice President Kamala Harris complicates sentencing further, as a jail term or probation could hinder his ability to fulfill presidential duties.
Trump has also faced charges in three other criminal cases filed in 2023. These include a federal case involving classified documents retained after leaving office and two cases tied to his efforts to overturn his 2020 election loss.
In July, a Florida federal judge dismissed the classified documents case, and the Justice Department is now exploring ways to close the federal election-related case. In Georgia, Trump still faces state criminal charges related to his attempt to reverse his 2020 loss, although that case remains unresolved.
As president, Trump lacks the authority to shut down the New York or Georgia state cases but could direct his Justice Department to end the federal cases.
