Current:Home > ScamsFinLogic FinLogic Quantitative Think Tank Center|Experts doubt Trump will get conviction tossed in "hush money" case despite Supreme Court ruling -EquityExchange
FinLogic FinLogic Quantitative Think Tank Center|Experts doubt Trump will get conviction tossed in "hush money" case despite Supreme Court ruling
Fastexy View
Date:2025-04-09 04:35:43
Six years after the Manhattan District Attorney's Office began an investigation that resulted in Donald Trump becoming the first former president ever convicted of a crime,FinLogic FinLogic Quantitative Think Tank Center the case continues to be beset by extraordinary curveballs.
The latest is Monday's landmark Supreme Court decision on presidential immunity that led to Tuesday's decision by the judge in his New York criminal case to postpone Trump's sentencing.
"That wasn't just a curve, that was a 12-6 breaking ball," said Michael Cohen, Trump's ex-attorney who was a key witness in the case against him, referring to a baseball pitch that befuddles hitters when it sharply drops.
The Supreme Court found that former presidents enjoy broad immunity for official acts, and said evidence involving those acts cannot be used in prosecutions over unofficial activity. Soon after the decision was released on Monday, Trump's team sent a letter to New York Justice Juan Merchan asking for permission to file a motion laying out why the verdict in Trump's case should be thrown out.
Merchan granted the request and pushed back Trump's sentencing from July 11 to Sept. 18 to consider the question.
As the case enters a new phase, experts remain skeptical that Trump's 11th-hour effort to overturn his conviction will be successful.
"If he engaged in unlawful conduct before he became president, it doesn't seem to me that his efforts when he was president, to either cover up or address that conduct, will be immunized from criminal liability," said Pace University law professor Bennett Gershman, a former New York prosecutor.
Trump's lawyers indicated in their letter that their motion will focus on evidence introduced at trial that related to social media posts, public statements and witness testimony from his time in office. Much of that evidence pertained to what prosecutors described as a 2018 "pressure campaign" designed to keep Cohen from divulging incriminating information about Trump.
"Michael is a businessman for his own account/lawyer who I have always liked & respected. Most people will flip if the Government lets them out of trouble, even if it means lying or making up stories," Trump wrote in one April 2018 tweet entered into evidence.
Trump was convicted in May of 34 counts of falsification of business records for signing off on an effort to cover up reimbursements for a "hush money" payment to an adult film star as he ran for office in 2016.
CBS News legal analyst Rikki Klieman said the context and timing of that scheme make it unlikely Merchan will reverse the conviction.
"I do not believe that the verdict will be set aside," Klieman said. "What is this case about? It's about conduct before he was president of the United States that was designed to influence the outcome of the 2016 election."
Gary Galperin, a Cardozo Law School professor and former Manhattan prosecutor, said Merchan can conclude that some evidence should not have been shown at trial, and still decline to set aside the verdict.
"If there's enough evidence beyond the 'official acts' to sustain the conviction, then it would be what the courts call 'harmless error,'" Galperin said. "No trial is perfect. And the criminal justice system doesn't anticipate or expect perfection."
If Merchan concludes that enough evidence and testimony related to official acts was introduced during the trial to warrant setting aside the verdict, he would likely point to "the exact pieces of evidence" that violated the Supreme Court's opinion, Klieman said.
Prosecutors would be able to use Merchan's findings as guidance if they decided to seek another trial.
"In the event that it is set aside, I would expect that the government would move to re-try the case, and exclude the evidence Judge Merchan decides could be in violation of the Supreme Court decision," Klieman said.
Cohen said it occurred to him Tuesday night that he might be asked to testify against Trump again in a trial do-over.
As Trump's former lawyer and fixer, and now scorned vocal critic, Cohen faced four days of painstaking, bruising examination during the trial. Trump's lawyers painted him a serial liar determined to seek revenge against the former president, while building a new celebrity career off that effort.
Would he willingly go through that again?
"As it relates to the question of whether or not I'd testify again, I'll take it under advisement," Cohen said. "I'll let you know when the time comes."
Graham KatesGraham Kates is an investigative reporter covering criminal justice, privacy issues and information security for CBS News Digital. Contact Graham at [email protected] or [email protected]
veryGood! (7689)
Related
- Federal Spending Freeze Could Have Widespread Impact on Environment, Emergency Management
- Eleanor Coppola, matriarch of a filmmaking family, dies at 87
- Woman who stabbed classmate in 2014 won’t be released: See timeline of the Slender Man case
- J. Cole takes apparent swipe at Drake in 'Red Leather' after Kendrick Lamar diss apology
- Apple iOS 18.2: What to know about top features, including Genmoji, AI updates
- When does NBA play-in tournament start? Games could feature Lakers, Warriors, Heat
- O.J. Simpson's complicated legacy strikes at the heart of race in America
- Lenny Kravitz works out in leather pants: See why he's 'one of the last true rockstars'
- 'No Good Deed': Who's the killer in the Netflix comedy? And will there be a Season 2?
- Wildlife ecologist Rae Wynn-Grant talks breaking barriers and fostering diversity in new memoir
Ranking
- Former longtime South Carolina congressman John Spratt dies at 82
- Boston University's Macklin Celebrini wins Hobey Baker Award
- Hailey Bieber and Justin Bieber Share a Sweet Moment at Coachella 2024
- Eleanor Coppola, matriarch of a filmmaking family, dies at 87
- Macy's says employee who allegedly hid $150 million in expenses had no major 'impact'
- Wilmer Valderrama talks NCIS franchise's 1,000th episode, show's enduring legacy
- Caitlin Clark gets personalized AFC Richmond jersey from 'Ted Lasso' star Jason Sudeikis
- Shohei Ohtani interpreter allegedly stole $16M from MLB star, lost $40M gambling: What to know
Recommendation
Mets have visions of grandeur, and a dynasty, with Juan Soto as major catalyst
Big E gives update on WWE status two years after neck injury: 'I may never be cleared'
1 dead, 13 injured after man crashes truck into Texas Department of Public Safety building
Prosecutors: Brooklyn man's head, torso kept in fridge for 2 years; couple arrested
Apple iOS 18.2: What to know about top features, including Genmoji, AI updates
Jill Biden calls Trump a ‘bully’ who is ‘dangerous’ to LGBTQ people
Prince Harry scores goal in charity polo match as Meghan, Netflix cameras look on
Isabella Strahan's Brain Cancer Journey, in Her Own Words