Trump faces Long Odds in His bid to Reverse His Conviction on Criminal Charges stemming from New York Hush Money paid to a Porn Star.
The U.S. Supreme Court Ruling stated, that a former President has "at least a presumptive immunity" for "acts within the outer perimeter of his Official Responsibility." But, then sent the Case back to the Appeals Court to determine Presidential and Non-Presidentail Acts.
Trump's Lawyers last week, urged Justice Juan Merchan to set aside the Jury's May 30th Guilty Verdict on the New York State Criminal Charges, citing the Supreme Court's July 1st Decision.
Merchan Delayed Trump's Sentencing to Sept. 18th from July 11th, in light of the Defense motion. Trump was Convicted in Manhattan, in the First Criminal Trial of a former U.S. President.
Several Legal Experts said Trump will have a Tough time convincing the Judge to Overturn the Conviction, because much of the conduct at issue Predated Trump's 2017-2021 Presidency, and because Evidence from His time in Office related to Personal Matters, Not Official Acts.
The Supreme Court found No Immunity for Unofficial Acts by a President.
"Falsifying business records to pay off a porn star would not fall even within the outer stratosphere, let alone the outer perimeter of official presidential duties," Fordham University Law Professor Cheryl Bader said.
Trump, 78, was Convicted on 34 Counts of Falsifying Business Records to Cover-Up His Reimbursement of His former Lawyer Michael Cohen's $130,000 Payment to Adult film actress Stormy Daniels to stay quiet before the 2016 Election, about a Sexual Encounter She said She had with Trump, a Decade earlier.
Prosecutors with Manhattan District Attorney Alvin Bragg's Office have called the Payment part of a broader Scheme to Influence the Election, by averting a Sex Scandal that could have influenced Decisions by Voters. Trump will Appeal the Verdict after He is Sentenced.
Those Actions cannot fairly be described as among the President's Official Duties, New York Law School Professor Steven Cohen said.
"To the extent there were activities while he was president, they seem to be almost the definition of unofficial conduct," He added. "The likelihood that a New York court will reverse that conviction I think is remote approaching nonexistent."
Even if Judge Merchan were to find that any piece of Evidence should Not have been shown to the Jury in light of the Supreme Court Decision, that would Not automatically mean the Judge would have to set aside the Verdict, Cardozo Law School Professor Gary Galperin said.
Instead, Merchan haves Discretion to determine whether the Evidence was Crucial to the Conviction, Galperin said. If the Judge decides that the use of this Evidence did Not deprive Trump of the Constitutional Right to a Fair Trial, known in Legal parlance as a "Harmless Error", the Conviction would likely Stand, Galperin added.
"There is no perfect trial," said Galperin, a former Prosecutor in the Manhattan District Attorney's Office. "The justice system tolerates imperfection."
Defense Lawyers are due to lay out their Arguments for Setting Aside the Verdict more fully in a Court Filing by Wednesday, and Prosecutors would then have until July 24th to respond.
Merchan has said He will Decide by Sept. 6th, and that if the Conviction Stands, He would Sentence Trump on Sept. 18th.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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