Manhattan prosecutors said there is no basis to overturn Donald Trump's conviction in the hush money case after the Supreme Court's ruling on presidential immunity.
Any error, they argued in a filing Thursday, is "harmless" when viewed against "overwhelming evidence" of the former president's guilt.
He is currently scheduled to be sentenced in September. The sentencing was delayed to allow arguments over the immunity issue.The district attorney's office argued that the crimes Trump was convicted of – falsifying business records to interfere in the 2016 presidential election – were not part of his "official acts" and that the Supreme Court's ruling on evidence does not apply to this case.
"To the extent the Court concludes that any evidence of official presidential acts was improperly admitted at trial, defendant's request to set aside the verdict should be rejected on harmless-error grounds because the trial record contains overwhelming evidence of defendant's guilt." "To the contrary, the Supreme Court specifically recognized that defendant could make public statements — including Tweets — 'in an unofficial capacity,' such as if he spoke 'as a candidate for office or party leader,' rather than as the President exercising his Article II powers."They also downplayed the testimony from Hicks, who recalled for the jury a conversation she had with Trump in 2018.
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